Intellectual property protection in the United States has always been about generating
incentives to create. Thomas Jefferson was of the view that"[i] nventions... cannot, in nature …

Any elementary school student can recite a number of canonical American invention stories.
Thomas Edison invented the lightbulb from his famous home laboratory in Menlo Park, New …

The standard justification for intellectual property is ex ante: the goal of intellectual property
is to influence behavior that occurs before the right comes into being. It is the prospect of the …

This Essay challenges the conventional law and economics account of intellectual property.
The Essay combines supply-side and demand-side considerations and develops a theory …

Commentators have observed for years that patents do less good and cause more harm in
the software industry than in other industries such as pharmaceuticals. 1 Software patents …

More than 2.5 million United States patents have been issued in the last 20 years. 1 While
these patents are spread across all industries, a large percentage is concentrated in the …

Universities and companies are rushing to the patent office in record numbers to patent
nanotechnology inventions. This rush to the patent office is so significant that many law firms …

The metaphor of the patent bargain-that a patent represents the grant of the right of
exclusivity in exchange for the disclosure of a novel invention-is generally accepted in the …

Legal line drawing is difficult. But it is even more difficult without a theory of why the lines are
being drawn, what they are supposed to fence in and out, and whether categorical …

Huge amounts of money will soon be spent by governments and private entities to develop
technology to reduce the costs of climate change mitigation and adaptation, and to deploy …