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...

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...

This Brief and Pleasant Guide to NFTs and Copyright Law is written by Professor Michael D. Murray, the author of A Short and Happy Guide to Copyright Law (West 2d ed. 2022), and the principle investigator of the Blockchain, Cryptocurrency, NFTs, and the Metaverse Law Project at the University of...

Different elements in the patent community speak of inventions and the criteria through which property rights may be granted or withheld from them in ways that are often incongruent. In large part this is due to disagreements about the functional, if not normative legitimacy, of many...

The “tragedy of the anti-commons” can lead to complex issues in fields of technology characterized by a strong focus on research and innovation, such as the pharmaceutical industry, with reference not only to the mere production of final products, which may be hindered by IPRs, but also to...

In private enforcement systems such as the one for patents, remedies perform the “public” function of determining the optimal amount of protection and deterrence. If every patent were properly granted and had just the right scope to incentivize innovation, then strict enforcement and harsh...

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...

The United States Patent and Trademark Office is tasked with the job of reading patent applications and determining which ones qualify for patent protection. It is a Herculean task, and the Patent Office pursues it subject to enormous informational and budgetary constraints. Nonetheless, under...