With the next Supreme Court term beginning in a few weeks we all need to come to terms with the fact that the U.S. has a compulsory licensing system, which is truly ironic. Trade missions, trade representatives, and governmental organizations travel the world preaching about the importance of a strong intellectual property system and how that starts with strong patent rights that are not subject to the whims and fancy of compulsory licensing. America should practice what it preaches. For some time, the United States hasn’t had a property rights-based patent system. That was merely confirmed in Oil States with the Supreme Court calling patents a government franchise, but the seeds were sown over 12 years ago when the Court decided eBay and removed exclusivity from the patent bargain.
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Recent Posts
- SCOTUS Kicks Patent Eligibility Cases to the Curb in Last Move of the Term
- Patent Litigation Financing: Fighting Efficient Infringement with Funding
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock