Posts Tagged: ip clause


Patents, Copyrights and the Constitution, Perfect Together

James Madison — the fourth President of the United States and the father of the U.S. Constitution — wrote the usefulness of the power granted to Congress in …
By Gene Quinn
4 months ago 9

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
By Gene Quinn
7 months ago 19

The Default Law of Joint IP Ownership

The popular media’s reports of the demise of IP rights (especially patents) are premature and greatly exaggerated. IP remains valuable to enterprises of all sizes and …
By Raymond Millien
2 years ago 1

Fully Baking Joint IP Ownership into Collaboration Agreements

It seems the since-kindergarten, ingrained notion of sharing supersedes our B.S., M.S., J.D., Ph.D. and/or M.B.A. training in this respect! …
By Raymond Millien
2 years ago 3

Authors Challenged by Shifting Industry Business Models

The new reality is that content creators are getting squeezed all around. Increasingly many want things to be free and don't care whether they copy a public …
By Gene Quinn
6 years ago 0

California Dreaming and the Preposterous Posner Decision

How anyone with even the most fundamental understand of property rights and economics could say that infringing a patent does not result in a tangible injury is …
By Gene Quinn
6 years ago 9

Setting the Record Straight: Patent Trolls vs. Progress

Mr. Kessler believes that Mr. Madison did not understand what he was doing or, at best, did not foresee the expense that patent litigation would involve in …
By Bob Zeidman
6 years ago 14

5th Anniversary KSR: Is Section 103 Unconstitutional?

This is a good time to review the implications of this case, but an even better time to look into the origins and constitutionality of the Non-obviousness …
By Dale B. Halling
6 years ago 126

Supreme Court OKs Public Domain Works Being Copyrighted

To all those who can read the Constitution it has to be clear that the Supreme Court’s decision in Golan v. Holder is absurd. It is …
By Gene Quinn
6 years ago 37

The America Invents Act’s Repeal of Secret Commercial Use Bar is Constitutionally Infirm

The effort to shoehorn foreign patent priority concepts and torture a well-developed 200 year-old American patent system that has a proven record as the best in the world …

Copyrights Last for a Limited Time, At Least in Theory

Currently, the term for copyright protection is life of the author plus 70 years. To put this into perspective for you, Steamboat Willie initially aired in 1928. The copyright …
By Beth Hutchens
7 years ago 15

Challenging Hal Wegner on Patent Law and the Constitution

Typically I let what Hal writes slide off my back because I don't take him seriously. Having said that, the other day he did one of his …
By Gene Quinn
7 years ago 17