The problems with software patents are old and well-known. However it’s not for a lack of trying that they have persisted. Software and tech companies have been pushing Congress to fix things for years. Each time they do, however, industries that rely crucially on the patent system, like...

The SUCCESS Act requires the USPTO and SBA to report to Congress on ways that the agencies can promote and increase the participation of women, minorities, and veterans in inventing, innovation and entrepreneurship. This is the written version of oral testimony provided to USPTO SUCCESS Act...

The proposed Study aims to provide researchers, litigants, judges, policy makers, regulators and the public with previously unavailable information regarding commercial patent licensing practices, including royalty rates, in a manner that does not compromise firm-level confidential information

Inter partes review (IPR) is one of a number of mechanisms for eliminating improper patents through review of patents post-grant. While the purpose of IPRs is to provide a cheaper, more expert alternative to litigation for screening out bad patents, the devil is in the design details. For...

One of the most urgent problems with the US patent system is that there are too many patents of poor quality. Most blame the US Patent and Trademark Office (USPTO) – its mistakes, overly generous grant rate, and lack of consistency. But, the quality and quantity of patents in force is the...

In the United States, women represent 50% of the workforce, but only 27% of STEM workers and 13% of inventors. This article surveys the scientific literature to make the empirical case for diversity in innovation and inventing, finding a growing body of research to show how diverse innovators...

Intangible assets like IP constitute a large share of the value of firms, and the US economy generally. Accurate information on the intellectual property (IP) holdings and transactions of publicly-traded firms facilitates price discovery in the market and reduces transaction costs. While public...

Patent lawsuits are disruptive, unpredictable, and costly. The inability to anticipate patent litigation makes it practically uninsurable, exposes companies to late-stage suits, and drives companies to rapidly accumulate patents in order to ward off litigation. This article confronts this...

Responding to frustration with the Supreme Court’s patentable subject matter (PSM) decisions, the Federal Circuit has issued clarifying decisions, the USPTO has released new guidance and Senators Coons and Tillis have been holding roundtables, regarding 101.This short essay proposes a...

In 2014-2015, policymakers made changes to the patent system that were intended to decrease abusive litigation and increase the quality of patents and complaints. The changes included the Octane Fitness & Highmark (fee-shifting, Alice (patentable subject matter), Teva, and Williamson cases...