There is general agreement that the U.S. Patent and Trademark Office is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. In [...]
Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. [...]
This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a [...]
We explore how examiner behavior is altered by the time allocated for reviewing patent applications. Insufficient examination time may hamper examiner search and rejection efforts, leaving examiners more inclined to [...]
Research and development in software contributes to emerging research, investment, and economic policy areas, such as artificial intelligence, information and communication technologies (ICT), and the digital economy. Accordingly, software R&D [...]
Let us consider three ways in which legal academics may have missed the mark. The first, discussed in Part II, bears on the formation of copyright norms for the Internet [...]
Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive data set of copyright [...]
Is the decision to prescribe opioids associated with appointments that are behind schedule or later in the day compared with earlier or on-time appointments? In this cross-sectional study, opioid prescribing [...]
Many believe the root cause of the patent system’s dysfunction is that the U.S. Patent and Trademark Office (PTO or Agency) is issuing too many invalid patents that unnecessarily drain [...]
Before mid-2003, the recording industry's legal attack against peer-to-peer (P2P) systems was limited to the purveyors of P2P. End users were left untouched, the conventional wisdom being that it's not [...]