Posts Tagged: property rights


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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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 …

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
2 years 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
2 years 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 …

Patent troll narrative returns to Capitol Hill as relentless push for patent reform continues

The beauty of the patent troll narrative was it took little time to absorb and instantly painted a pejorative picture in the minds-eye of the listener. It …
By Chris Gallagher & Gene Quinn
2 years ago 9

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
3 years ago 33

Dictators, Property Rights and the PTAB: Why the AIA Must be Repealed

Now that Trump has won, the discussion has narrowed to whether Trump will keep patents weak or make patents great again. From the outside perspective, it is …
By Paul Morinville
3 years ago 61