We show that examiner-driven variation in patent rights leads to quantitatively large impacts on several patent … outcomes, including patent value, citations, and litigation. Notably, Patent Assertion Entities (PAEs) overwhelmingly purchase … conventional companies, and that also have higher invalidity rates. PAEs leverage a specific friction in the patent system, which …

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on … sometimes could rely instead on a consideration far more relevant to the patent system's goal of promoting innovation: the …. v. FireFly Equipment, LLC, which held that injunctive relief may be appropriate when a defendant infringes a patent that …

This Article explores the claiming systems of patent and copyright law. It first develops a two-dimensional taxonomy …: claiming can be either peripheral or central and either by characteristic or by exemplar. Patent law has principally adopted a … system of peripheral claiming, requiring patentees to articulate by the time of the patent grant their invention's bounds …

Patent scope is central to the sale of ideas, which can spur economic growth and provide significant gains from trade …. Awarding an inventor a patent on a new idea partially solves a commitment problem that would otherwise prevent the inventor … from selling the idea. (Arrow, 1962). In the absence of a patent, a prospective buyer cannot credibly promise not to steal …

-2013 (OECD-EUIPO, 2016) with financial information and patent data from 2009 to 2015. The result is a firm-level database that … profitability (return on total assets), prior to the window of observation. Target companies also have on average larger patent … on average increased their patent portfolios during the observation period, but less than the digital technology …

one intellectual property monopoly. For example, a machine can be protected under patent law, but drawings of that machine …

The patent system is usually described in terms of opposites, like producers versus trolls or software versus pharma …-five years of patent litigation by highly litigious non-practicing entities and randomly selected plaintiffs explores each of … one thousand patent outcomes in more than two thousand cases leads to some surprising findings. For example, while the …

advances in the technology must remain as openly available as the original technology. Such agreements implicate patent misuse …, which is defined as an impermissible attempt to expand the scope of the patent. Given that advancements were not part of the … teachings of the original patent, restrictions on those advancements may constitute misuse. The proper test for patent misuse is …