Patent

‘Economic competitiveness’ doesn’t always mean stronger intellectual property laws

The following piece was co-authored by R Street Tech Policy Joe Kane.  In a recent letter, several dozen conservative leaders joined together to call on Republican policymakers to strengthen …

Senate finally poised to restore FTC to full strength

Earlier today, President Donald Trump formally announced the three candidates he’s nominating for the open seats at the Federal Trade Commission. Joseph Simons, Rohit Chopra, and Noah Phillips …

Inter partes review as a means to improve patent quality

The attached policy short was published as a joint project with Public Knowledge. It was co-authored by Charles Duan, director of Public Knowledge's Patent Reform Project, and R Street …

The 9 lives of Richard Posner

The following blog post was co-authored by R Street Senior Fellow Ian Adams. Love him or hate him, there is no disputing that Judge Richard A. Posner, who retired …

Andrew Heaton on how to stop patent trolls

In his latest video for Reason's Mostly Weekly series, R Street Associate Fellow Andrew Heaton takes on the subject of patent trolls and what to do about them …

Investigating China: What is ‘IP theft?’

The White House announced Monday that it would instruct the Office of the U.S. Trade Representative to begin the process to decide whether to initiate a Section 301 …

Coalition letter: Concerns about S. 1390, the STRONGER Patents Act of 2017

Dear Senator Coons, Senator Cotton, Senator Durbin and Senator Hirono: The undersigned write this letter to express serious concerns about S. 1390, the STRONGER Patents Act of 2017, which …

Trump’s ‘America first’ agenda requires reform at international trade agency

The following op-ed was co-authored by R Street Justice Policy Manager Christina Delgado. President Donald Trump’s campaign-trail rhetoric calling for an "America first" stance on trade helped propel him to …

FTC vs. Qualcomm: No license, no chips

It's not every day that the government and the tech industry agree on intellectual property policy, but both interests are united in their opposition to San Diego-based Qualcomm …

Comments to the United States Patent and Trademark office on patent examination

R Street has joined The Electronic Frontier Foundation, Public Knowledge, and Engine in submitting the attached comments to the United States Patent and Trademark Office, in response to …

Trump’s patent policy should put America first, not the patent lobby

The following op-ed was co-authored by Charles Duan, director of the Patent Reform Project at Public Knowledge. President Donald Trump campaigned on a platform to put America first and protect American …

R Street joins Public Knowledge, Electronic Frontier Foundation and others in filing amicus brief for Impression Products, Inc. v. Lexmark International, Inc.

The many briefs in this case expound upon the effects of the patent exhaustion doctrine on various companies and groups. But there is one constituency that correctly claims …

Kraft case a reminder that Congress should enact patent system reform

The U.S. Supreme Court announced earlier this month it will hear the appeal of a patent infringement case brought by Kraft Foods Group Brands LLC against zero-calorie sweetener …

Amicus brief for Apple v. Samsung

Five years ago, the United States Court of Appeals for the Federal Circuit construed a statute in a way that led to one of the most disastrous episodes …

Broad coalition supports bill to curtail forum shopping in patent litigation

Dear Chairman Grassley, Ranking Member Leahy and members of the Senate Judiciary Committee, On behalf of the undersigned civil-society and public-interest organizations, we write to express strong support for …

Amicus brief for Impression Products v. Lexmark International

According to the patent exhaustion doctrine, once a patentee sells an article embodying the patented invention, “the patentee may not thereafter, by virtue of his patent, control the …

New bill designed to stop egregious venue shopping by patent trolls

This piece was co-authored by R Street Outreach Manager Nathan Leamer. Abusive patent litigation siphons tens of billions of dollars from the economy every year. In addition to burdening …

Why wait until tomorrow? How to speed innovation

There was no such thing as a self-driving car in 2003. That's when the Defense Advanced Research Projects Agency announced its first Grand Challenge, with a $1 million …

Federal prize incentives to innovation could save money and lives

WASHINGTON (Nov. 12, 2015) – The federal government should establish an “innovation savings program” (ISP) – rooted in familiar prize structures in the public and private sectors – …

Using prizes to spur innovation and government savings

In myriad sectors of the U.S. economy, from military technology to medical care, the federal government serves as the single-largest spender. As such, many of the innovations, inventions …

How should libertarians think about intellectual property?

Watch R Street's Sasha Moss along with Brink Lindsey of the Cato Institute, Wayne Brough of FreedomWorks and Eli Dourado of the Mercatus Center in a panel moderated by Reason's …

The elephant in the room: The GOP’s tech dilemma

Fifteen months ahead of the presidential election, a number of the 17 Republicans vying for their party’s nomination have invested considerable energy courting Silicon Valley. These candidates are …

Split works debate raises thorny issues for music companies (and for the rest of us)

The following piece was co-authored by Google Policy Fellow Sasha Moss. Michael Corleone would understand. Just when music companies and their performance-rights organization (PROs) thought they were getting out …

Appeals court considers ITC bid to be Internet cop

The Court of Appeals for the Federal Circuit heard oral arguments this week in what might otherwise be described as an obscure patent case, ClearCorrect v. International Trade …

Is Carly Fiorina Silicon Valley’s friend?

By all accounts, Carly Fiorina gave a strong performance at the Republican Party presidential debates last week. I initially missed the "undercard" event in which she participated, but …

Free-market, taxpayer and consumer groups to Congress: Support the Innovation Act

Dear Representatives, On behalf of the undersigned free-market, taxpayer and consumer organizations, we write to express strong support for ongoing efforts to enact patent-litigation reform in the U.S. House …

Federal district strikes down crowdfunding patent

Earlier this week, my friend Trace, who is writing a book to inspire children with disabilities, reached his $5,000 goal on Kickstarter.com. Like Trace, who was born without …

Heritage on how conservatives should approach patent reform

The following post was co-authored by Zach Graves. Patent reform bills have cleared markup this session in both the Senate Judiciary Committee (S.1137, the PATENT Act) and the House Judiciary …

Supreme Court takes on raisins, Spider-Man and hotels, but not marriage and Obamacare…yet

There's only one more SCOTUS "Decision Day" left in June, and it's going to be a big one. On their second-to-last day before skipping town to enjoy their …

Committee-passed Innovation Act includes significant litigation reforms

Now that House Judiciary Committee Chairman Bob Goodlatte, R-Va., has successfully shepherded the Innovation Act through his committee, I'm heartened to note the significant major reforms that made …

New paper: economic liberty requires patent reform

R Street Associate Fellow Derek Khanna has an excellent new paper on the economic case for patent reform. Writing for the free-market technology group Lincoln Labs, he argues not …

A buzzword glossary for tomorrow’s Innovation Act markup

The Innovation Act, a bill in the U.S. House that aims to reform patent litigation in the United States, has gotten a lot of bipartisan support, but has …

Busting the myth that patent reform is a left-wing idea

In a relatively short period of time, the debate over patent reform has transformed an arcane, low-salience issue into one that sparks fierce controversy and national headlines. Listening …

No, the America Invents Act did not cost ‘the economy’ $1 trillion

Congress will once again take up significant patent reform this week, with the PATENT Act – a version of which passed the Senate Judiciary Committee last Thursday – …

Free-market groups support Senate patent-litigation reform legislation

We write on behalf of the undersigned free-market organizations to express our strong support for your committee’s efforts to advance patent-litigation reform and applaud your balanced and judicious …

Coalition letter to Senate Judiciary Committee on the PATENT Act

Dear Chairman Grassley, Ranking Member Leahy, and Members of the Senate Judiciary Committee, We are proud to support the PATENT Act. We believe it is a well-rounded piece of …

D.C. appeals court rules some iPhone trademarks invalid

A $930 million verdict against South Korean phone maker Samsung that claimed its Galaxy phone infringed patents held by Apple could be knocked down by as much as …

Coalition letter supporting the PATENT Act

Dear Sens. Grassley and Leahy, The undersigned organizations represent technology, small business, consumer and the public interests in the area of patent policy. We write to provide our views …

R Street applauds introduction of bipartisan patent reform bill in the Senate

WASHINGTON (April 29, 2015) - The R Street Institute welcomed today’s introduction of the the PATENT Act, which seeks to address the problem of rampant patent litigation abuse, …

Letter to House Commerce Committee on the TROL Act

Dear Mr. Upton and Mr. Pallone, The undersigned organizations represent the small business, consumer and public interests in the area of patent policy. We write in regretful opposition to …

Patent coalition says TROL Act doesn’t go far enough

Dear Chairmen and Ranking Members: We, the co-chairs of United for Patent Reform, on behalf of the coalition members represented below, acknowledge and appreciate the efforts of the Energy …

PTO smacks down podcasting patent troll

Notorious patent troll Personal Audio LLC did not invent adding episodic content to a webpage, the U.S. Patent and Trademark Office ruled in an April 10 decision that's …

Lofgren and Issa take on patent law that inflates repair costs

In this era of hyper-partisanship, it's notable that a bipartisan pair of California members of Congress, Republican Darrell Issa and Democrat Zoe Lofgren, are together proposing reforms to …

United for Patent Reform coalition letter on the STRONG Act

The undersigned members of United for Patent Reform (UPR) have formed a broad coalition of diverse American businesses to pursue comprehensive solutions to abusive patent litigation. We write …

Free-market groups support House patent reform legislation

The Honorable Bob Goodlatte The Honorable John Conyers, Jr. United States House Judiciary Committee Washington, DC 20515 Dear Committee Members, On behalf of the undersigned free-market organizations, we write to express our strong …

R Street joins Public Knowledge, others, in urging Supreme Court to apply appropriate liability standards in key patent-infringement case

WASHINGTON (Feb. 24, 2015) – The Supreme Court should interpret patent law to limit needless infringement-inducement cases against technology companies, products, and services, the R Street Institute said …

Guide to policy events at SXSW 2015

Every year, tens of thousands of people swarm to Austin, Texas for SXSW Interactive – one of the biggest annual gatherings of technologists, activists, and entrepreneurs in the country. Here at …

R Street welcomes bill to crack down on patent trolls

WASHINGTON (Feb. 5, 2015) – The R Street Institute welcomed today’s re-introduction by House Judiciary Chairman Bob Goodlatte, R-Va., of the Innovation Act, which will address the problem …

R Street welcomes Mike Godwin as director of innovation policy

WASHINGTON (Jan. 22, 2015) – The R Street Institute is proud to welcome Mike Godwin as director of innovation policy and general counsel. Starting Monday, Godwin will lead …

Patents as weapons of self defense

The Center for Economic and Policy Research's Dean Baker notices something strange in the New York Times' profile of four-year-old Chinese cell phone manufacturer Xiaomi, an emerging player …

U.S. government wants to keep you out of comfortable boxers

As I am a woman, I cannot effectively comment on the pros and cons of various forms of men's underwear and their comparative comfort levels. I understand that …

ITC: The new digital cop?

Do you know where your e-mail account is located? No, "the Internet" is not a valid answer. More specifically, do you know on which of Google's many servers …

Cornyn smokes patent trolls out from their bridge

Most children who’ve heard the tale of the Three Billy Goats Gruff know that if an ugly, parasitic troll comes out to get you, the best thing to …

Despite Senate inaction, progress on patent trolls

In May, Senate Democrats -- led by Judiciary Committee Chairman Patrick Leahy, D-Vt. – tabled the patent reform bill on which his panel had worked for months. The …

If we valued government like the iPhone, we would be lining up to pay taxes

Last Friday, the line to purchase the iPhone 6 and iPhone 6 Plus at the Apple Store on Fifth Avenue in New York extended more than 10 blocks. …

Nicki Minaj and the rule of law

Conservatives have long stood for the principle that the state ought to abide by the rule of law. Application of the law ought to be uniform across all …

Ten great policy panels to vote for at SXSW

I recently wrote a short post highlighting the four panels we put forward for the 2015 SXSW Interactive conference, including the one I'll be on (along with folks from the Electronic Frontier Foundation, the …

Conservatives debate IP: A right or a privilege?

Can copyrights and other intellectual property be treated the same as physical property rights, and just how far should that analogy be taken? Those were among the key issues …

Patents? Where we’re going, we don’t need patents

A little more than a week ago, if you were to walk through the lobby of Tesla Motors – not that I ever have, but if one were …

Current design patent laws stifle innovation and competition, R Street study finds

WASHINGTON (June 20, 2014) – Current design patent law provides incentive for frivolous lawsuits and abuse, said the R Street Institute in a policy paper released today. Authored by Ned …

Is interactive design becoming unpatentable?

If 20th Century design was inspired by American architect Louis Sullivan's 1896 pronouncement that "form ever follows function," the key realization thus far of the 21st Century has …

Despite setback in Senate, there’s no reason to give up on patent reform

The last few weeks have brought both good and bad news to supporters of patent reform looking to reduce system abuse. Hopes for legislative action were dashed when a …

R Street welcomes Supreme Court decision on patents

WASHINGTON (June 19, 2014) - The R Street Institute welcomed today’s unanimous decision by the Supreme Court in Alice Corp. v. CLS Bank International, which ruled that patents filed by …

Paper puts cost of patent trolling at $22B

A new research paper has calculated that frequent lawsuits by patent assertion entities—or patent trolls as they are known pejoratively—has scared off some $22 billion in venture capital …

Pioneering innovative new approaches to rectangles

Microsoft, one of the largest corporate holders of patents in the United States, received another major bundle of approvals this week from the USPTO. In addition to some …

Court rules no legal fees in ‘pocket bra’ patent troll case

Back in 2012, Kyle Bartlow and Mariah Gentry were juniors at the University of Washington's Foster School of Business, looking to live out the American dream of entrepreneurship. …

That’s how the cupcake patent crumbles

Perhaps the surest sign that the decade-long cupcake fad is really and truly over is that even cupcake-related lawsuits are wrapping up tidily. Most recently, news has come down …

Forget everything you know about six-pack organizers

Picture a six-pack of bottles or cans. Now, imagine you want to transport or organize those bottles and/or cans. How are you going to do it? Perhaps you might …

Letter to Chairman Leahy: Don’t kill prospects for real patent reform

May 22, 2014 The Hon. Patrick Leahy Chairman Committee on the Judiciary United States Senate Washington, D.C. 20510 Dear Chairman Leahy: On behalf of the R Street Institute, we urge you to reconsider your recent …

Patent reform will benefit Utah business

Utah's technology-dependent economy makes current efforts in Washington to reform patent policies all the more important to the state's future, and our elected leaders are among the most …

Wait, did Amazon just patent photography?

Watch out Glamour Shots, Amazon may be setting its sights on you. That's because the U.S. Patent and Trademark Office granted the most unlikely of all companies, Amazon, …

Letter to Judiciary Committee on patent reform

April 29, 2014 The Hon. Patrick Leahy Chairman Committee on the Judiciary United States Senate Washington, D.C. 20510 The Hon. Chuck Grassley Ranking Member Committee on the Judiciary United States Senate Washington, D.C. 20510 Dear Chairman Leahy and Ranking …

R Street recommends crowdsourcing in patent applications

WASHINGTON (April 25, 2014) - Crowdsourcing holds promise as a technique to expand the relevant prior art available to patent examiners, wrote the R Street institute in a …

Letter to USPTO on crowdsourcing design patents

April 24, 2014 Nicole Dretar Haines Senior Legal Advisor Office of Patent Legal Administration U.S. Patent and Trademark Office P.O. Box 1450 Alexandria, VA 22313-1450 Re: Docket No. PTO-P-2014-0013 The R Street Institute – a non-profit, …

USPTO strikes down sippy cup design patent

The U.S. Patent and Trademark Office has, for the first time, invalidated a design patent under a post-grant review process created by the America Invents Act. The patent in …

Pritzker’s pro-patent reform push should include designs

Commerce Secretary Penny Pritzker believes reforms are needed to rein in costly litigation in the U.S. patent system, adding in recent public remarks that "the president gets it," …

Free-market groups support Senate patent reform efforts

The Honorable Patrick Leahy The Honorable Charles Grassley United States Senate Judiciary Committee Washington, D.C. 20510 Dear Committee Members, On behalf of the undersigned free-market organizations, we write to express our …

Virginia takes lead in patent reform

As awareness builds about the cost in dollars and innovation that patent trolling extracts from the economy, Virginia has been among the states that have responded with legislation …

Patent reform efforts shouldn’t overlook patent quality

With the Senate Judiciary Committee set to take up legislation in the next several days that looks to combat so-called "patent trolls," it's imperative that lawmakers address the real underlying …

Congress must put a clamp on the ‘patent trolls’

The Senate Commerce Committee is expected to vote on a bill soon aimed at addressing patent demand letters from entities frequently referred to as "patent trolls." Clearly, the momentum …

R Street announces launch of Unfair By Design project

WASHINGTON (Mar. 6, 2014) – The R Street Institute today announced the launch of Unfair By Design, a project seeking to make the design patent system more transparent …

Design patents are a poor match for high fashion

As the lengthy Hollywood awards season has shown us, fashion - especially red carpet fashion - is rife with faux pas, but none so great as "stealing the …

Congress shouldn’t overlook design patents in its push for reform

With legislation passed in the House, the U.S. Senate is set to move forward on multiple bills to combat the costly problem of patent trolls. While current proposals …

State attorneys general support patent reform

The attorneys general of 42 states have signed a letter supporting efforts in Congress to enact comprehensive patent reform legislation. The letter emphasizes the need for increased transparency, …

To an ‘ordinary observer,’ design patents flunk the test

The U.S. Supreme Court laid down the legal standard for what constitutes infringement of a design patent in the 1871 case Gorham v. White. The court's decision, which …

Design patents are an ornamental drag on innovation

What's the purpose of a patent? If you answered "to promote scientific progress and development by giving incentives to inventors," then you're at the top of the class. …

Burn all the patent violators!

In 1421, an Italian architect, Filippo Brunelleschi, designed a truly massive creation. Called ll Badalone, or "The Sea-Going Monster," it was a ship intended to haul a hundred tons …

R Street applauds House passage of the Innovation Act

WASHINGTON (Dec. 5, 2013) – The R Street Institute welcomed today's 325-91 vote by the U.S. House to approve H.R. 3309, the Innovation Act. Sponsored by House Judiciary Committee …

The conservative case for patent reform

What would you think if someone knocked on your door one day and threatened to sue you for everything you're worth unless you paid a settlement fee to …

Support the Innovation Act!

Dear Representatives, On behalf of the undersigned organizations, we write in strong support of Rep. Bob Goodlatte's H.R. 3309, the Innovation Act, which seeks to strengthen the patent system …

Free-market groups support Goodlatte’s Innovation Act

WASHINGTON (Dec. 4, 2013) – Legislation set to be considered by the U.S. House of Representatives would crack down on frivolous patent lawsuits that are "imposing a significant …

Letter to U.S. House supporting the Innovation Act

December 3, 2013 The Honorable John Boehner Speaker United States House of Representatives The Honorable Nancy Pelosi Minority Leader United States House of Representatives Dear Speaker Boehner and Minority Leader Pelosi: The broad-ranging group of undersigned …

R Street applauds committee vote on Innovation Act

WASHINGTON (Nov. 21, 2013) – The R Street Institute welcomes the House Judiciary Committee's overwhelming vote to approve the Innovation Act, legislation to encourage innovation by cracking down …

Doubling down on dishonesty

"Somebody is on the wrong side of history," said Joe Trippi, the "netroots" guru and former campaign manager for Howard Dean's presidential quest, on a recent TV news …

R Street welcomes bill to crack down on patent trolls

WASHINGTON (Oct. 1, 2013) -- The R Street Institute welcomed today's introduction by House Judiciary Committee Chairman Bob Goodlatte, R-Va., of legislation to tackle the $29 billion problem …

New proposal to slay patent trolls would be a boon to the digital economy

Following a slew of other bills introduced earlier this year to address America's broken patent system, House Judiciary Committee Chairman Bob Goodlatte, R-Va., recently released a second draft of a proposal to extend …

Ending the patent troll extortion racket

Patents are enshrined in the U.S. Constitution as a means to "promote the progress of science and useful arts." Yet, in recent years, abusive and rent-seeking patent litigation …

R Street welcomes legislation to curb abusive patent lawsuits

WASHINGTON (July 22, 2013) – The R Street Institute welcomed today's introduction of legislation to provide a streamlined process to resolve patent infringement disputes and crack down on …

FIRE Podcast- Alex Tabarrok: Launching the innovation renaissance

[podcast]http://redesign.rstreet.org/wp-content/uploads/2012/06/FIRE120611.mp3[/podcast] Stagnant economic growth in the United States isn’t merely a function of the recession that kicked off four years ago. Its roots can be traced back decades, a …

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