Posts Tagged: property rights


McCormick and the Separation of Powers Constraints of Patent Invalidation

The argument that patents are private rights is supported by over two centuries of jurisprudence. Patent rights derive from Article I, section 8, clause 8 of the U.S. …
By Neal Solomon
5 days ago 6

The Classical Public Rights Doctrine: Growth of the Administrative State

The Crowell Court distinguishes between matters of common law adjudicated in the federal courts and matters that may be reviewed in administrative agencies. However, the Court is …
By Neal Solomon
16 days ago 1

Oil States: Examining Scenarios, Outline Effects on Portfolio Management Strategy

The Supreme Court has agreed to hear a petition for Certiorari in Oil States Energy Services v. Greene’s Energy Group, which will result in the Court …
By Art Monk
24 days ago 15

Ruminations on Licensing: IP as a Private Property Right

An exclusive right is more than a mere right of remuneration – it is the right to control the use and disposition of one’s property, and to …
By Brian O’Shaughnessy
26 days ago 1

A Patents as Property Rights History Lesson

Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
By James Edwards
1 month ago 18

A quiet title is an absolute prerequisite to enjoyment of an exclusive right

A quiet title seems an absolute prerequisite to the enjoyment of an exclusive right guaranteed by the Constitution. Unfortunately, a quiet title in a patent today simply …
By Gene Quinn
3 months ago 37

The next PTO Director must grasp the fundamental fact that a patent secures a property right

A group of private companies, professional associations, conservative policy organizations, and investors/commercializers sent a letter to Commerce Secretary Wilbur Ross urging the Trump Administration to pick …
By Gene Quinn
3 months ago 17

Issa seems to believe patents are an entitlement, not a property right

For the first 220 years of United States black letter law and precedent based directly on the U.S. Constitution, patents are property rights. Even the Republican Party …
By Paul Morinville
4 months ago 17

President Trump must pick a PTO Director who believes patents are private property rights

The Supreme Court has long stated patents are property rights, and the statute says they are to be treated as they are property rights. Taking property rights …
By Gene Quinn
4 months ago 5

On the Next USPTO Director, Patents as a Private Property Right

Above all, LES recommends appointing a Director dedicated to protecting intellectual property, generally, and patents in particular, as the private property right our nation’s founders envisioned. …
By Brian O’Shaughnessy
4 months ago 5

Supreme Court to decide if Inter Partes Review is Unconstitutional

The Supreme Court granted certiorari only on the first question, whether inter partes review violates the U.S. Constitution by extinguishing private property rights through a non-Article …
By Gene Quinn
4 months ago 54

Next head of the USPTO should believe patents are property rights and not public rights

An ideal candidate for the next head of the USPTO would be someone who understands that patents are property not public rights, that issued patents are valid …
By John Calvert & Warren Tuttle
4 months ago 11

America’s patent system favors low tech, not groundbreaking innovation

As you read about the truly mind-numbing stupidity coming from decision makers, whether it is MRI machines declared to be abstract ideas or diagnostics for various forms …
By Gene Quinn
5 months ago 7

Confused and frustrated, patent policy experts bemoan America’s absurd compulsory licensing patent system

The experts in attendance reminded us of the insanity of the compulsory licensing system that now pervades the U.S. patent marketplace, which when explained in terms …
By Chris Gallagher
5 months ago 23

Patents as property rights: What will it take to restore sanity to the narrative surrounding US patents?

Former Cisco CTO, Charles Henery Giancarlo, explained that it was understood that individuals would not be able to manufacture and would need to license their rights to …
By Steve Brachmann & Gene Quinn
5 months ago 25