Law Commons^™

Illuminating Innovation: From Patent Racing To Patent War, Lea B. Shaver

Lea Shaver

Patent law assumes that stronger protection boosts innovation. Yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an empirical foundation to patent law. The Article then offers such a case study focused on electrification. Specifically, this Article uses the history of patent prosecution and litigation surrounding the lightbulb to examine a recently articulated theory of “patent racing” as a justification for patent protection.

As put forth by Mark Lemley, racing theory suggests that patent protection raises the stakes of being the first to reach a technological milestone, …

Necessity Is The Mother, But Protection May Not Be The Father Of Invention: The Limited Effect Of Intellectual Property Regimes On Agricultural Innovation, A. Bryan Endres, Carly E. Giffin

A. Bryan Endres

Standard innovation theory assumes that intellectual property protection is a prerequisite to the development of technological advances. Stretching back to the writing of the Constitution, a strong intellectual property system, comprised of both laws that establish intellectual property protection and a judicial or other adjudicative system to enforce the property right, has been considered necessary to stimulate innovation for the benefit of society. While not directly challenging this traditionally held belief, the authors used empirical data to test the assumption in the context of agriculture. This paper analyzed twenty years of agricultural production data from Argentina, Brazil, China, India, and …

Rethinking Regulation And Innovation In The U.S. Legal Services Market, Ray W. Campbell

Ray W Campbell

For decades, academics have argued that the US system for regulating the practice of law inhibits innovation. Despite that academic consensus, we live in an age of unparalleled innovation in the way legal services are provided to clients in the United States. What gives? How can we live in a regulatory environment that prevents innovation, and have such an abundance of it? Where is this innovation coming from, and from whence might more innovation come? The answers are neither simple nor obvious. Understanding this changing landscape requires a close look both at how innovations take root and at the US …

Rethinking Regulation And Innovation In The U.S. Legal Services Market, Ray W. Campbell

Ray W Campbell

For decades, academics have argued that the US system for regulating the practice of law inhibits innovation. Despite that academic consensus, we live in an age of unparalleled innovation in the way legal services are provided to clients in the United States. What gives? How can we live in a regulatory environment that prevents innovation, and have such an abundance of it? Where is this innovation coming from, and from whence might more innovation come? The answers are neither simple nor obvious. Understanding this changing landscape requires a close look both at how innovations take root and at the US …

Illuminating Innovation, Lea B. Shaver

Lea Shaver

The central justification offered for patent protection is the need to incentivize technological innovation. Yet to date there is little empirical evidence that this aim is achieved. This Article argues that historical case studies, exploring the impact of patent law on particular fields of technological innovation, can be especially helpful in providing an empirical foundation for patent scholarship. The Article then proceeds to offer one such case study, focused on one of the most important technological revolutions of the past two centuries: electrification. Although Thomas Edison and “the incandescent lamp” have been extensively studied, so far no one has asked …

A Developmental Approach To The Patent-Antitrust Interface, Thomas K. Cheng

Thomas K. Cheng

This Article proposes a set of guiding principles for approaching the patent-antitrust interface in developing countries. Based on the notion that antitrust doctrines need to be adjusted to reflect the local economic circumstances, this Article argues that any credible approach to the patent-antitrust interface in developing countries must incorporate development considerations. It proposes a set of guiding principles that takes into account a wide range of factors, including the need to provide innovation incentives, the need to facilitate domestic imitation, the need to protect domestic consumer welfare, and the need to safeguard access to basic necessities. With the support of …

Do We Have 18th Century Courts For The 21st Century, Michael Buenger

Michael Buenger

State courts continue to face both funding and political challenges. In light of these challenges state court leaders, the bar and legal educators should undertake a serious rethinking of our state courts along three thematic lines: (1) systemic reorganization to reduce fragmentation, simplify access, and provide greater flexibility and specialization in the use of resources; (2) diversification of dispute resolution processes so that cases move in different directions with a range of resolution options pegged to the issues presented; and (3) rationalization of governance, leadership, and accountability systems to enhance effective organizational management of complex institutions.

Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.