Topic
Patent Law
Posts
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CommentaryVol. 91 · Iss. 5
Completing the Picture of Uncertain Patent Scope
Uncertain patent scope is perhaps the most significant problem facing the patent system. Uncertainty in patent rights leads to avoidable infringement; suppressed competition; inefficient…
Greg Reilly -
ArticleVol. 91 · Iss. 4
Damages for Indirect Patent Infringement
In many patent infringement cases, the only practical way that the plaintiff can obtain relief is on a theory of secondary liability, which is…
Dmitry Karshtedt -
NoteVol. 97 · Iss. 2
Blockchain Prediction Markets: Where They Came From, Why They Matter & How to Regulate Those Involved
The basis of CFTC prediction market jurisdiction stems from its interpretation of trades in prediction markets as swaps of commodity futures and options contracts. …
Joshua D. Dubin -
ArticleVol. 98 · Iss. 5
Drugs, Patents, and Well-Being
The ultimate end of patent law should be to spur innovations that improve human welfare—innovations that make people better off. But firms will only invest resources…
Christopher Buccafuso & Jonathan Masur -
ArticleVol. 90 · Iss. 5
Patent Law’s Functionality Malfunction and the Problem of Overbroad, Functional Software Patents
Contemporary software patents are problematic because they are often overbroad. This Article offers a novel explanation of the root cause of this overbreadth. Patent…
Kevin Emerson Collins -
ArticleVol. 90 · Iss. 1
Proxy Signals: Capturing Private Information for Public Benefit
This Article presents an original empirical methodology to identify which patent laws will best promote optimal incentives to innovate for society. Vociferous debates over…
Gregory N. Mandel -
ArticleVol. 89 · Iss. 6
Defining Patent Scope by the Novelty of the Idea
Patent law defines novelty by the creation of a new embodiment, not an idea. For example, the Wright brothers are deemed to have invented…
Tun-Jen Chiang