Landslide: Uncertain Patent Rights and a Weakening U.S. Innovation Economy: A Mixed Legacy on IP Policy by Adam Mossoff
This post originally appeared in ABA’s Landslide on October 1, 2018.
Over the past decade, the U.S. patent system has been under an extensive amount of stress from all branches of the federal government. The Supreme Court has injected a tremendous amount of uncertainty into the patent system with four decisions that severely restricted the patent eligibility of high-tech and biopharmaceutical innovation. Through policy advocacy, investigations, and enforcement actions, the Federal Trade Commission and the Department of Justice’s Antitrust Division destabilized patent licensing generally, and specifically undermined the incentives to create and commercialize patented innovation that is incorporated into technological standards.