Posts Tagged: property


Predicting Oil States after Supreme Court Oral Arguments

After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
By Gene Quinn
3 months ago 34

Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group

If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …
By Dan Schneider & James Edwards
3 months ago 3

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
5 months ago 1

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
5 months ago 1

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
9 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
9 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
10 months ago 25

Fundamental incongruities of PTAB operations affect the integrity of the patent system

For more than two centuries, the U.S. Constitution, black letter law and precedent construed a patent as a property right. This is important because it is …

Inconvenient Truth: America no longer fuels the fire of creative genius with the patent system

The problem with not having an independent invention defense, according to Lemely, is that people who invent themselves couldn’t possibly find out about what others have …
By Gene Quinn
11 months ago 33

Patents used to be a property right, now a patent is a liability

Stifling innovation and curtailing investments are the effects of the AIA from what I see and hear. This is infuriating! It is disincentivizing inventors, innovators and investors! …
By Adrian Pelkus
1 year ago 41

Will Cruz act to protect property rights, Constitution at Supreme Court?

The Patent Act itself clearly and unambiguously states that patents are property. See 35 U.S.C. 261. Unfortunately, this property right of Constitutional significance has increasingly come under …
By Gene Quinn
2 years ago 29

Why Libertarians Should Support a Strong Patent System

Libertarians believe in property rights and government protection of those rights as one of the few necessary requirements of government. Ownership of property and free markets leads …
By Bob Zeidman & Eashan Gupta
2 years ago 78

The theory of patents and why strong patents benefit consumers

Consumers benefit most when patents are strongest and act to block actors. When competitors are blocked that means they cannot simply copy and flood the market with …
By Gene Quinn
2 years ago 9

How the U.S. is Killing Innovation and why it Matters for Entrepreneurs

The engine that made America a greatest economic power was a patent system that led to tremendous innovation by incentivizing entrepreneurial …
By Paul Morinville
2 years ago 23

Patents, Prosperity and Political Systems

Unfortunately, we are going through another period where many see the triumvirate of big government, big business and big labor guiding an economy stuck at a 2% growth …
By Joseph Allen
2 years ago 8