Patent law, the Federal Circuit, and the Supreme Court: a quiet revolution

GS Lunney Jr - Supreme Court Economic Review, 2004 - journals.uchicago.edu
Over the last twenty years, a quiet revolution has taken place in patent law. Traditionally,
patents were rarely valid, but if valid, broadly enforced. Since Congress created the Federal …

Second tier patent protection

MD Janis - Harv. Int'l. LJ, 1999 - HeinOnline
The problem of access to the patent system, particularly for small enterprises, 1 currently
dominates the patent policy debate internationally. Although the access problem can be …

Commercializing patents

T Sichelman - Stan. L. Rev., 2009 - HeinOnline
About half, probably more, of all patented inventions in the United States are never
commercially exploited.'Many of these undeveloped inventions are commercially worthless …

Why Bad Patents Survive in the Market and How Should We Change-The Private and Social Costs of Patents

JP Kesan, AA Gallo - Emory LJ, 2006 - HeinOnline
The United States Patent and Trademark Office (Patent Office or USPTO)" has recently come
under increasing scrutiny for the quality of the examinations to which patent applications are …

Scaling the patent system

C Mulligan, TB Lee - NYU Ann. Surv. Am. L., 2012 - HeinOnline
Why do firms in some industries ignore patents when developing new products? This paper
posits a simple answer to this longpuzzling question: firms ignore patents because they are …

Costly screens and patent examination

JS Masur - Journal of Legal Analysis, 2010 - academic.oup.com
Abstract The United States Patent and Trademark Office has acquired a well-deserved
reputation for inefficacy and inefficiency. Proposals for reforming the patent office have thus …

Analyze this: a law and economics agenda for the patent system

RS Eisenberg - Vand. L. Rev., 2000 - HeinOnline
Patent law as a field of academic study has benefited enor-mously from the attention of
economists. Indeed, law professors are relative newcomers to the academic patent field …

The danger of underdeveloped patent prospects

M Abramowicz - Cornell L. Rev., 2006 - HeinOnline
Those who possess property for a limited time tend to exercise less care with it than do those
who expect to own the property in perpetuity. For example, an individual renting a car may …

Does the US Patent and Trademark Office grant too many bad patents: Evidence from a quasi-experiment

MD Frakes, MF Wasserman - Stan. L. Rev., 2015 - HeinOnline
In recent years the patent system has come under trenchant criticism. There is a general
consensus that the system is both broken and a failure. 1 Many be-lieve the root cause of the …

Injunctions, hold-up, and patent royalties

C Shapiro - American Law and Economics Review, 2010 - academic.oup.com
A simple model is developed to study royalty negotiations between a patent holder and a
downstream firm whose product is more valuable if it includes a feature covered by the …