Intellectual Property

Academic Module

Academic Module: Reforming U.S. Patent Policy

Author: Keith E. Maskus

This module features teaching notes for Reforming U.S. Patent Policy: Getting the Incentives Right by author Keith E. Maskus, along with other resources to supplement the text. This Council Special Report acknowledges the importance of patent protection for innovation but also warns against blind adherence to the mantra that more protection will necessarily produce more innovation.

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Must Read

IDEA: Patent Law 101: Does a Grudging Lundgren Panel Decision Mean That the USPTO is Finally Getting the Statutory Subject Matter Question Right?

Authors: John A. Squires and Thomas S. Biemer

A critique of the U.S. Patent and Trademark Office's practice of denying patents for new financial services products unless they are connected to the "technological arts." The article shows that this restriction on patentability has no grounding in U.S. patent law or precedent and does little to address the larger and more important issue of dwindling patent quality.

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Other Report
Renewing America

Renewing America

Energy Innovation

Authors: Michael A. Levi, Elizabeth C. Economy, Shannon K. O'Neil, and Adam Segal

This study examines low-carbon technology innovation and absorption in China, India, and Brazil. It recommends a course for U.S. policy that promotes accelerated innovation and adoption of new technologies while protecting U.S. commercial interests.

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Other Report

Pirates on the High Seas

Author: Bénédicte Callan

U.S. trade is increasingly dependent on high-technology and innovation-intensive goods. Many companies share a reliance on innovation and export and, therefore, an interest in ensuring adequate intellectual property protection for their products worldwide. This report examiens the scourge of piracy, which affects the symbols of U.S. economic strength and greatest hope for the future--modern information-intensive industries.

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Primary Sources

Obama Administration: Mitigating the Theft of the U.S. Trade Secrets, February 2013

Representatives from U.S. Departments of Commerce, Defense, Homeland Security, Justice, State, Treasury, the Office of the Director of National Intelligence, and the Office of the United States Trade Representative collaborated to create this strategy, addressing threats to the intellectual property and innovation of the U.S. economy.

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Primary Sources

House Resolution 3782, Online Protection and Enforcement of Digital Trade Act (OPEN)

Senator Ron Wyden and Representative Darrell Issa proposed on January 18, 2012, the Online Protection and Enforcement of Digital Trade Act (OPEN) as an alternative for SOPA and PIPA, two Congressional bills related to intellectural property online that opponents said compromised free speech, innovation, access to information online, and the infrastructure of the Internet.

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Primary Sources

House Resolution 3261 Stop Online Piracy Act (SOPA)

U.S. Representative Lamar Smith introduced the Stop Online Piracy Act (SOPA) on October 26, 2011; the Senate proposed a related bill, PROTECT IP Act (PIPA). SOPA's full title states that its aim is "to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property, and for other purposes." Opponents of the bills state that they will restrict free speech, innovation, and access to online information and proposed Online Protection and Enforcement of Digital Trade Act (OPEN Act).

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Primary Sources

Senate Resolution 968, PROTECT IP Act (PIPA)

Senator Patrick Leahy introduced PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PIPA)) on May 12, 2011; the House introduced a similar bill, SOPA, on October 26, 2011. PIPA's goal is to prevent access to "rogue websites dedicated to the sale of infringing or counterfeit goods." Opponents of the bills state that they will restrict free speech, innovation, integrity of online infrastructure, and access to online information and proposed Online Protection and Enforcement of Digital Trade Act (OPEN Act).

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