Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

The article introduces a contract approach to patent infringement and develops a methodology for finding reasonable royalty damages. The contract approach complements approaches based on property and tort, thus providing a more complete understanding of damages. The article argues that the...

Modern scientific research and the exploitation of genetic resources and traditional knowledge may offer great benefits to humankind. How can the patent system help scientists, commercial enterprises and civil society at large to realize those benefits while safeguarding the rights and interests...

This working paper provides a statistical analysis of 74 patent families which cover subject matter relevant to ten COVID-19 vaccines. These vaccines have accounted for 99% of the global COVID-19 vaccine production as of 31 December 2021, comprising over ten billion doses. Eight of them, namely...

The pressure to extract rents from academic research results has led many universities to file more patents and to rely on a growing range of monetization strategies including selling patents to Patent Assertion Entities (PAEs). We build a database of university patents granted by the USPTO and,...

Traditional patent law theories teach that a patent's rights of exclusion are a patent's key benefit to the patentee and are necessary to make the patent system work. Yet patentees are increasingly giving away such rights, in whole or in part, as part of a growing phenomenon: patent pledges. In...

In an invited response to an article by Prof. Michael Risch, Prof. Osenga reexamines some of the conclusions drawn by his study of early American Patents and what they suggested about inventors' perceptions of patentability

Technology is always changing. Patent law is also constantly evolving, as the courts and Congress continue to make significant changes to this area of law. But what about patents themselves? Some studies have looked at how patent specifications have changed over time, but no one has looked...

Parties frequently obtain patents for one purpose, only to use those patents for another. This Article calls such divergences between parties' initial motivations to obtain patents and those patents' predominant uses later on “patent schisms.”Because traditional patent law theories typically...

The main objective of this paper is to shed some clarity on the applicable criteria for the antitrust analysis of side-deals as part of pharmaceutical patent settlements in the European Union. First, this paper critically discusses and compares the criteria used by the EU Commission and the...