Systemic Problems

• How We Got Here

  Today’s patent crisis is a product of a half-century of policy choices that have left us with the current system.  These legislative, regulatory and legal choices are at the… MORE >>

• Patents: Property or Monopoly?

  Patents are often described either as property or a monopoly — both are only partially correct and potentially misleading.  Patents are defined by federal statute as a private… MORE >>

• Forgotten Rationale for Patents

  Patents are legally defined rights, but the patent system is intended to have an economic payoff.  This works in two ways, often described as “social contracts”.  First,… MORE >>

• Too Many Patents

  Whereas the number of patents granted increased at less than… MORE >>

• One Size Does Not Fit All

  The practice of innovation differs greatly across industries, business models and individuals.  However, patent law currently operates under the assumption… MORE >>

• Abstract Patents

  There is an important corollary to the principle that one size does not fit all: Not everything should be patentable.  Scientific discoveries, laws of nature and abstract ideas… MORE >>

• Anti-Competitive Effects: Litigation & Extortion

  The patent system’s friendliness toward patent applicants and owners necessarily favors patent assertion and litigation over market competition.  Particular factors… MORE >>