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Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers

Amy L Landers

Patent law is intended to promote the creativity of scientists and engi-neers. The system recognizes that the work of the individual is the engine that ultimately increases the state of scientific knowledge. As economist Paul Romer recognized, “Technological advance comes from things that people do.” Furthering creativity represents the constitutional, theoretical and doc-trinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and pro-poses how patent law can formulate a legal conception of creativity.

To undertake this …

Liquid Patents, Amy L. Landers

Amy L Landers

The current patent system is argued to be in a state of crisis. Although much recent criticism about the patent system has been leveled at so-called “patent trolls,” another trend has emerged that may prove more enduring and potentially more troublesome. Patent holders have developed more systematized and strategic methods to obtain revenues from the patent system, building business plans around leveraging monetary value. Recognizing that the patent right can be monetized into licensing fees and damages in an action for patent infringement, some entities have undertaken formalized programs to gather or acquire critical patents in particular fields. These practices …