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Administrative Agency Innovation Patent Law

[Archived Post] The PTAB’s Regulatory Overreach and How it Cripples the Innovation Economy

On August 14, 2017, the Regulatory Transparency Project of the Federalist Society published a new white paper, Crippling the Innovation Economy: Regulatory Overreach at the Patent Office. This white paper examines how an administrative tribunal created in 2011—the Patent Trial and Appeal Board (PTAB)—has become “a prime example regulatory overreach.” Several CPIP scholars are members […]

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Infringement Patent Theory

[Archived Post] Explaining Efficient Infringement

By Adam Mossoff & Bhamati Viswanathan In a recent New York Times op-ed, “The Patent Troll Smokescreen,” Joe Nocera used in print for the first time the term, “efficient infringement.” This pithy phrase quickly gained currency if only because it captures a well-known phenomenon that has been impossible to describe in even a single sentence. […]