Showing archive for: “Patents”
Reverse Patent Pools and Other TTBER Tall Tales
In standard-essential patent (SEP) licensing, every procedural tweak is also a skirmish over bargaining power. That is what makes licensing negotiation groups (LNGs) more than an obscure acronym in the European Commission’s 2026 Technology Transfer Block Exemption Regulation (TTBER) and accompanying Guidelines (TTGs). LNGs would allow technology implementers to bargain collectively with rights holders. Depending ... Reverse Patent Pools and Other TTBER Tall Tales
Putting the Bite Back in Patents
The U.S. Department of Justice (DOJ) and U.S. Patent and Trademark Office’s (USPTO) Feb. 27 joint statement of interest in Collision Communications v. Samsung signals a possible shift back toward the first Trump administration’s “New Madison Approach” to patent policy. That framework—largely abandoned during the Biden administration—treated patents as property rights and defended the central ... Putting the Bite Back in Patents
First Impressions from the DOJ/FTC Listening Session on Drug-Price Competition
Last week’s “listening session” on pharmaceutical competition, hosted jointly by the U.S. Justice Department (DOJ) and Federal Trade Commission (FTC), may go down as an important precursor to the Trump administration’s promised campaign to lower drug prices. While billed as a fact-finding exercise, the discussion revealed competing visions to reform the U.S. pharmaceutical ecosystem, with ... First Impressions from the DOJ/FTC Listening Session on Drug-Price Competition
Strong Support for Patent Rights Could Promote US Innovation
Recent U.S. executive branch actions point to enhanced support for patent rights. This could help accelerate American innovation in a time of growing international competition. Background As I explained in a previous Forbes article: The United States has the world’s largest and most innovative economy, and our patent law framework has played a major role in ... Strong Support for Patent Rights Could Promote US Innovation
Using Trade Policy to Counter Anti-Suit Injunctions and Strengthen Global Patent Enforcement
Patents are property rights that drive innovation, investment, and economic growth, which are especially critical in technology sectors that rely on global standards. Robust, enforceable patent protections have underpinned America’s technological leadership and economic prosperity by ensuring innovators are rewarded for their investments. These property rights are, however, increasingly threatened by strategic judicial actions from ... Using Trade Policy to Counter Anti-Suit Injunctions and Strengthen Global Patent Enforcement
Perspectives on Industrial Policy: An Interview with Reiko Aoki
Recently, we’ve seen renewed global interest in industrial policy. From your perspective, what are some of the key drivers behind this resurgence? And how does it differ from previous industrial-policy approaches, particularly in Japan? Today’s industrial policies are closely tied to security concerns. National security, in particular, has always required some form of government coordination, ... Perspectives on Industrial Policy: An Interview with Reiko Aoki
AI Patent Policy Should Promote Economic Growth and Innovation
Artificial intelligence is “technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy.” AI will play an increasingly important role in driving innovation and economic growth. Strong patent protection can incentivize AI-related inventions and the transmission of AI-specific technological improvements throughout the economy. Accordingly, the Trump administration may ... AI Patent Policy Should Promote Economic Growth and Innovation
Antitrust at the Agencies: The Meat of the Matter Edition
The Federal Trade Commission (FTC) issued comments Sept. 11 in support of a proposed U.S. Department of Agriculture (USDA) rule that “seeks to clarify the scope of what constitutes unfair practices under the Packers and Stockyards Act (PSA), which assures fair competition and fair trade practices to protect farmers, ranchers, growers, and consumers.” In the ... Antitrust at the Agencies: The Meat of the Matter Edition
Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation
Under the Bayh-Dole Act, the federal government has the right to “march in” on patents on inventions created using taxpayer funds—to require the patentholder to license the federally funded patent to other applicants. The terms of the license must be “reasonable under the circumstances.” The act limits the exercise of march-in to specific circumstances related ... Using Bayh-Dole March-in to Set Patent Price Controls: An Assault on American Innovation
If Necessity Is the Mother of Invention, New EU SEP Rules Are Decidedly Unnecessary
An unofficial version of the EU’s anticipated regulatory proposal on standard essential patents (SEPs), along with a related impact assessment, was leaked earlier this month, generating reactions that range from disquiet to disbelief (but mostly disbelief). Our friend Igor Nikolic wrote about it here on Truth on the Market, and we share his his concern that: As it currently stands, it appears the regulation will ... If Necessity Is the Mother of Invention, New EU SEP Rules Are Decidedly Unnecessary
European Commission’s Leaked SEP Regulation Would Increase Costs for Innovators, Hurt EU Competitiveness, and Fail to Reduce Litigation
The European Commission is working on a legislative proposal that would regulate the licensing framework for standard-essential patents (SEPs). A regulatory proposal leaked to the press has already been the subject of extensive commentary (see here, here, and here). The proposed regulation apparently will include a complete overhaul of the current SEP-licensing system and will ... European Commission’s Leaked SEP Regulation Would Increase Costs for Innovators, Hurt EU Competitiveness, and Fail to Reduce Litigation
A Few Questions (and Even Fewer Answers) About What Artificial Intelligence Will Mean for Copyright
Not only have digital-image generators like Stable Diffusion, DALL-E, and Midjourney—which make use of deep-learning models and other artificial-intelligence (AI) systems—created some incredible (and sometimes creepy – see above) visual art, but they’ve engendered a good deal of controversy, as well. Human artists have banded together as part of a fledgling anti-AI campaign; lawsuits have ... A Few Questions (and Even Fewer Answers) About What Artificial Intelligence Will Mean for Copyright
