In Merck KGaA v. Integra LifeSciences I Ltd., the U.S. Supreme Court adopted a broad construction of the regulatory approval exception to patent law infringement, 35 U.S.C. § 271(e)(1), for experiments conducted at early stages of the pharmaceutical development process. But the Court refused to...

The ability to protect and safeguard cultural heritage is of vital importance to some communities. Without the ability to maintain control over these expressions, external subjects could freely appropriate them, which could negatively affect the community’s identity, spirituality, and general...

This Article explores the practical consequences of an important shift that has recently taken place in patent theory. Although it was long agreed that the purpose of granting patents is to reward invention, today many scholars instead attempt to justify the patent system based on its role in...

This Article addresses a problem that has attracted significant attention from patent scholars: the potential for patents on research tools - technological products and processes that are critical inputs of scientific experimentation - to inhibit basic scientific research. The Article first...

Currently, the European Commission (EC) is drafting its Law of AI. This article gives 25 AI & data regulatory recommendations to the EC, in response to its Inception Impact Assessment on the “Artificial intelligence – ethical and legal requirements” legislative proposal. In addition to a...

1 sentence synopsis: The world needs articulated quantum-innovation policy mechanisms (tailored to the unique physics of the very small).The adoption of applied quantum technologies by the markets raises cross-disciplinary questions about balancing their disruptive societal effects. It raises...

Globalization is the result of a combination of factors. The role of technology is a fundamental feature in shaping what globalization is and what it means for society as a whole. At the same time, important societal values are directly or indirectly affected by the global expansion of world...

The expected societal impact of quantum technologies (QT) urges us to proceed and innovate responsibly. This article proposes a conceptual framework for Responsible QT that seeks to integrate considerations about ethical, legal, social, and policy implications (ELSPI) into quantum R&D, while...

In this paper I consider the construction of patents as social practices. The goal is to observe patents in action, that is, to catch patents in the act of becoming patents. This method of “following the action” is well established in the scientific arena, where the processes that lead from...

This article describes six common challenges of design, incentives, and governance that arise in establishing platform businesses. It also proposes solutions. It considers, for example, how to open a platform to decentralized innovation yet still earn a return; how to incorporate best-of-breed...