Topic
Patent Law
Posts
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CommentaryVol. 103 · Iss. 5
Patent Law’s (Short-Lived?) Era of Normalcy
Introduction An unusual and surprising thing is happening in patent law of late: very little. The four decades beginning in 1980 saw almost constant…
Mark A. Lemley -
ArticleVol. 103 · Iss. 1
Drug Dealing: Making Public Pharma Work
The U.S. market for prescription drugs is failing many Americans. Drug prices in the United States are nearly three times higher than in comparable…
Sahil Agrawal, Melissa Barber, Amy Kapczynski & Trudel Pare -
ArticleVol. 102 · Iss. 4
The Invention Myth
Patent law is, at its heart, all about the invention. Determining who qualifies as an inventor defines who controls the exclusory right conferred by…
Sean B. Seymore -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
ArticleVol. 102 · Iss. 2
Compounding Inequities Through Drug IP and Unfair Competition
In 2024, the United States experienced its worst drug shortage in over a decade—more than 300 drugs are in shortage, leaving patients without access…
Shweta Kumar -
ArticleVol. 100 · Iss. 4
The Macroeconomics Of Intellectual Property
Abstract Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information.…
Eric E. Johnson -
NoteVol. 100 · Iss. 4
WIPO Arbitration: A Promising Solution to the Injunction Chaos of Frand Disputes
Introduction The legal battles in the telecommunications industry are fierce. The fact that no single industrial player is the single global leader in 5G…
Yi Chen -
ArticleVol. 100 · Iss. 2
Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit
Abstract Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule.…
J. Jonas Anderson, Paul R. Gugliuzza & Jason A. Rantanen -
NoteVol. 100 · Iss. 2
Digitize or Die: The Quixotic Battle for Camouflage Patterns in the United States Military
Abstract Military uniforms serve a multitude of purposes in the twenty-first century. In the United States, they are a ubiquitous symbol of patriotism and…
Thomas R. Farrell -
ArticleVol. 99 · Iss. 5
What Litigators Can Teach the Patent Office About Pharmaceutical Patents
Pharmaceutical patents listed in the FDA’s “Orange Book” are some of the most valuable patents in the world. Accordingly, for this valuable subset of…
S. Sean Tu & Mark A. Lemley -
ArticleVol. 99 · Iss. 4
New Innovation Models in Medical AI
ABSTRACT In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those that…
W. Nicholson Price II, Rachel E. Sachs & Rebecca S. Eisenberg -
ArticleVol. 99 · Iss. 1
Churn
ABSTRACT From biopharmaceuticals to information technology, patents play a powerful role in the birth, death, and renewal of innovative industries. While patent scholarship has…
Peter Lee