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Resources

The Role of Patents 

  • Property Rights: Patent Rights vs. Property: The Framers’ Understanding of Patents

    • ​Former U.S. Solicitor General Paul Clement explores what the framers of the Constitution had in mind when they included patent law in the founding of the country. While there has been a recent movement to categorize patents among natural law or common law property rights, Clement argues that patents are government-created privileges or franchises to serve the public interest. 

 

Inter Partes Review (IPR)

 

Alice & Section 101

 

Patent Quality

  • How to fix the patent quality crisis

    • ​HTIA Executive Director David Jones argues that we need to address the patent quality issue head on, by giving patent examiners more time and better tools, ensuring the cost of examination needs are paid out of patent application fees, and strengthening IPR. 

  • Irrational Ignorance at the Patent Office

    • ​According to this 2019 study, on average the PTO spends about 18 hours examining each patent application. The authors found this results in more invalid patents being granted in the U.S., while Europe and countries like Japan denied patents for the same invention.

  • Decreasing the Patent Office’s Incentives to Grant Invalid Patents

    • ​Frakes and Wasserman build upon new empirical evidence to propose three changes to the patent system that would reduce the issuance of invalid patents: (1) restructuring PTO fees; (2) limiting repeat applications where applicants can file for the same invention; and (3) increasing the time examiners spend reviewing patent applications.
       

Infringement & Litigation

  • Patent Trolls: Evidence from Targeted Firms

    • ​Harvard Business School study examines the rise of patent lawsuits brought by non-practicing entities (NPEs) and finds clear evidence patent trolls harm innovation through their opportunistic behavior in targeting vulnerable companies with frivolous lawsuits.

  • The effect of patent litigation and patent assertion entities on entrepreneurial activity

    • ​Empirical analysis of the statistical relationship between patent litigation and venture capital investment in the U.S. The paper finds there is a tipping point when increases in the number of patents litigated are associated with decreased VC investment. Litigation by frequent patent litigators is also associated with decreased VC investment. 

  • RPX: 2024 in Review; NPE Litigation Rose Substantially

    • NPE patent litigation increased significantly in 2024. This past year, NPEs added 1,889 defendants to patent litigation campaigns, an increase of 21.6% compared to 2023 (when such plaintiffs added 1,553 defendants).

  • 2024 Unified Annual Patent Dispute Report​

    • In 2024, district court patent filings grew by 18.2% from the previous year, with NPEs and operating companies increasing their patent filings by 14.1% and 22.7%, respectively. NPEs continued to file more than half of all patent cases in district court.
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Other Resources

The Role of Patents
IPR
Alice
Patent Quality
Infringement
Other

© 2018 by High Tech Inventors Alliance

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