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...

Economists, legal scholars and policy makers are concerned about the impact of patent litigation on the rate and direction of US innovation and on the functioning of the US intellectual property system. At this time, however, there is no reliable, comprehensive, free and publicly accessible...

The article is devoted to the study of the concepts of biotechnology and biopatent. Their scientific definitions are offered, the classification of the directions of biotechnologies is given. The paper analyzes the state of patenting of biotechnological inventions in our country. A comparative...

In the last two decades the society has witnessed dramatic advances in the field of biotechnology. Recently, nanotechnology forms the main area of technological innovation. Genetic altering of various products and live organisms hopefully will improve the quality of human life. Two decades ago...