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Patent Law
Patent Law: Cases, Problems, and Materials is a free casebook, co-authored by Professor Jonathan S. Masur (University of Chicago Law School) and Professor Lisa Larrimore Ouellette (Stanford Law School). The casebook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. A digital version of the casebook can be downloaded free online at patentcasebook.org, and a printed copy can be purchased on Amazon at cost.
Patent Law
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Patent Law: Cases, Problems, and Materials 3rd Edition 2023
Patent Law: Cases, Problems, and Materials (3rd Edition 2023) is a free casebook, co-authored by Professor Jonathan S. Masur (University of Chicago Law School) and Professor Lisa Larrimore Ouellette (Stanford Law School). The casebook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. A digital version of the casebook can be downloaded free online, and a printed copy can be purchased at cost (royalty free).
Economic growth and breakthrough innovations: A case study of nanotechnology
This paper examines the role of intellectual property and other innovation incentives in the development of one field of breakthrough innovation: nanotechnology. Because nanotechnology is an enabling technology across a wide range of fields, the nanotechnology innovation ecosystem appears to be a microcosm of the global innovation ecosystem. Part I describes the nature of nanotechnology and its economic contribution, Part II explores the nanotechnology innovation ecosystem, and Part III focuses on the role of IP systems in the development of nanotechnology.
University Patenting
As privatization of publicly funded university research has grown, so too has the steady undercurrent of public criticism of academic patenting from both inside and outside the academy. During debates over the Bayh-Dole Act of 1980, which standardized federal policy to allow grant recipients to patent resulting inventions, Senator Russell Long called it “one of the most radical and far-reaching giveaways” he had seen. In his 2003 Universities in the Marketplace, former Harvard president Derek Bok worried that “the lure of the marketplace” might cause universities to compromise their core values. Jennifer Washburn's 2005 University, Inc. lamented commercialization as a “foul wind [t...
Patent Experimentalism
Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to promote innovation? This article grapples with the second-order question: What policies should we adopt to promote innovation about promoting innovation? I argue that empirical progress in patent law depends on greater policy diversity (rather than the current emphasis on uniformity), but unconstrained “laboratories of experimentation” are suboptimal due to the spillovers from local policies. Instead, patent policymakers should adopt a third way between uniformity and local control: centralized promotion of policy variation. The optimal approach to such policy exper...
Intellectual Property and Innovation: Crossing the innovation divide
"This illuminating two-volume collection presents leading articles on the theory and practice of intellectual property law as it applies to the promotion of innovation in economic, social, and legal dimensions. Topics include the role of law and incentives, cumulative and open forms of innovation, as well as discussion of its social dimensions, relationship with market institutions and how to chart a course for future innovation policy. Together with an original introduction by the editor, this collection offers a compelling overview of the ideas that ignite and enliven innovation scholarship, invaluable to academics and policymakers alike."--
Reflections on Judging
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by ...
Do Patents Disclose Useful Information?
Courts often state that patents are justified by disclosure theory, the idea that patents are awarded as quid pro quo for the public disclosure of inventions. But many commentators have argued that disclosure theory should be accorded no weight in the design of the patent system because patented inventions would have been disclosed anyway. Even the few legal scholars who dispute these economic arguments agree that, in practice, patents are currently not useful as technical sources for other innovators. This Article reorients the debate over disclosure, arguing that we do not grant patents because of disclosure - we require disclosure because we grant patents. Using results from a new survey ...
Beyond the Patents-Prizes Debate
Intellectual property scholars have vigorously debated the merits of patents versus prizes for encouraging innovation, with occasional consideration of government grants. But these are not the only options. Perhaps most significantly, the patents-versus-prizes (or patents-versus-prizes-versus-grants) debate has largely neglected the role of tax incentives in innovation policy, despite the tens of billions of dollars spent globally on tax breaks for R&D activities each year. How should R&D-related tax incentives figure into this debate, and what criteria are relevant for policymakers selecting among the various tools? In this Article, we develop a new taxonomy of innovation policies that allo...
