The recent years in the European Union are characterised by various initiatives on internationalisation of the State's powers of the EU Member States. This internationalisation can have different scenarios. The scenario that dominates currently pending legislation initiatives implements an...

The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system embodies this power, but does it fulfill its essential purpose? This Note explores the scope of the exclusive rights of patents, arguing that in many circumstances the exclusive...

In 1982, the US Congress established the Court of Appeals for the Federal Circuit (CAFC) as the sole appellate court for patent cases. Ostensibly, this court was created to eliminate inconsistencies in the application and interpretation of patent law across federal courts, and thereby mitigate...

We use structural break analysis to estimate rates of patent validity and infringement in decisions on the merits in United States Courts over 1929-2006. We separately estimate these rates for District Court and Appeals Court decisions. We find multiple structural breaks in both validity and...

Patent nonuse occurs when a patentee fails to commercialize its patent, such as when the patent has no present commercial value or when attempts to license it have been unsuccessful. Patent nonuse may have anticompetitive purposes as well, and will lead to technology suppression when a patented...

We model “patent privateering”—whereby producing firms sell patents to patent assertion entities (PAEs) which then license them under the threat of litigation—in a bargaining game. PAEs can negotiate higher licensing fees than producing firms, because they cannot be counter-sued for...

With its powerful mandate to unify patent law, the Court of Appeals for the Federal Circuit (CAFC), established in 1982, represents an intriguing recent example of an institutional innovation with potentially broad economic consequences. Given sole responsibility for handling patent appeals and...

Patent Litigation is the 'King' of Litigation, it is generally perceived; but the situation is not so true with India. Recently, the study of patent litigation has been receiving increasing attention. The literature has addressed both economic questions about the patents and litigation, as well as...

Due to emergence of fast moving technology, there is more disputes then ever, requiring the Courts to interpret the Patent Claims. In a vacuum, claim terms are of little use. They must be interpreted and given meaning so they can be used in a given context. Various patent doctrines have been...

Patent scope is probably one of the most debated issues in patent law generally and it has recently gained new contours thanks to the substantial scientific improvements in genetics and modern biology, which have resulted in the creation of what we now address as the biotech industry. Indeed,...