“To be able to retain the fruits of one’s labor; to be able to see one’s work made permanent; to be able to bequeath one’s property to one’s posterity; to be able to rise from the natural condition of grinding poverty to the security of enduring accomplishment; to have something that is really one’s own — these are advantages difficult to deny.”
— Russell Kirk, The Politics of Prudence
RAIA's Gift to Big Tech and China
If you set out to give a gift to Big Tech and the Infringer Lobby, worsen the Administrative State and advantage innovation adversaries like China, it would take some doing to check all these boxes more fully than S. 2891, the “Restoring the America Invents Act.”
The Patent Eligibility "Quagmire"
A federal judge calls the status of patent-eligible subject matter “validity goulash.” A former chief judge of the Federal Circuit Court of Appeals calls it “a quagmire.” The patent eligibility mess is one of the most urgent crises in patent law and policy.
Don't Turn Bayh-Dole March-In Into Price Controls
Thirty-one signatories from 29 center-right public policy organizations have warned HHS Sec. Becerra, “Using march-in rights to regulate prices would have a chilling effect on drug development and on other innovative sectors.”
How to Retain U.S. R&D Lead on China
Proposals in Congress would bar U.S. companies from licensing chips to Chinese end-user device companies and restrict U.S. R&D firms from involvement in global standards-development organizations where China’s state-run companies also participate. Intended to cripple China’s strategic microchip gains, they would actually cripple U.S. leadership in the most critical part of the chip space.
WALL STREET JOURNAL
When Will the Doctors Step Up?
Joel Zinberg’s op-ed “Covid Patients Suffer as Bureaucrats Try to Practice Medicine” (Feb. 8) highlights a sad, avoidable contrast between the Biden administration’s red-tape approach and the property rights-centric, market-based success of Operation Warp Speed.
REAL CLEAR MARKETS
Gov't. Regulation Can't Secure U.S. Supply Chain
H.R. 4521, the House-passed America COMPETES Act, sets up a Mother-May-I gatekeeper that will stifle U.S. innovation and competitiveness. Empowering unelected officials to decide whether American companies can invest overseas won't stop China, but it will damage America's economy and plunge us into a vicious retaliatory cycle with other nations.
A Better Way to Go After Big Tech
You’d expect conservatives to approach reining in Big Tech consistent with free enterprise, property rights and innovation principles. Better to strengthen IP than to weaponize antitrust.
Combating China’s Ambitions Requires Strong Property Rights
.One of the most significant challenges facing our nation today in the emerging battle with China. We must take action to ensure that China does not become the dominant force in global technology leaership.
The Founders’ Inventive Constitutional Brilliance
This Constitution Day, thank the Founders for stimulating ingenuity by applying “the fuel of interest to the fire of genius.” And while you’re at it, thank an inventor.
ISSUES & INSIGHTS
Biden Executive Order Missteps Empower China
The executive order calls for “review” of the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. This foreshadows a return to a disruptive Obama-era SEP policy.
REAL CLEAR MARKETS
Biden's Competition Order Worse Than Illness
President Biden made a big deal in the rollout of his executive order on market consolidation about the price of prescription drugs. The order weaponizes antitrust and damages the patent system. That’s not strong medicine. It’s deadly poison.
An Evidence-Based Look at ‘Patent Quality’
“'Patent troll' scaremongering and that narrative’s flimsy evidentiary basis are alive and well and back in use with a vengeance by those who don’t respect patents. But conservative thought leaders are giving an evidence-based perspective on the necessity of reliable patents, meaningful patent rights and how our patent system suffers from 'reforms.'”
Supreme Court Gives China Innovation Advantage
"In Supreme Court session postmortems, don’t expect mention of any change in course from the vast injury it’s inflicted over the past dozen years on patent eligibility. Why does this matter? Because the high court has done as much or more than anything to give China an advantage in innovation and industrial competitiveness over the U.S."
REAL CLEAR MARKETS
Biden Hits Property Rights to Boost Competition
"President Biden’s executive order, 'Promoting Competition in the American Economy,' purports to promote competition. Let’s just say the order presumes a whole lot. Its false presumptions lead to policies that weaponize a blunt instrument: antitrust."
Time to Strengthen Our Patent System
"We should give permanency to measures that strengthen U.S. patent rights. Certainty and reliability of patent policies critically affecting American innovation shouldn’t be subject to radical shifts from one administration to the next."
REAL CLEAR POLICY
China's Patent Gain is Our Loss
"China has ramped up a multipronged, whole-of-society strategy to beat America and the West. This goes well beyond mere copying and IP theft. Other prongs include subsidies for Chinese companies, predatory pricing, import restrictions, a biased regulatory regime and economic espionage."
Envious Countries Pushing IP Shakedown at WTO
The WTO ploy seeks to waive 1994 Trade-Related Aspects of Intellectual Property Rights Agreement obligations to protect intellectual property for any inventions related to COVID-19. If successful, the foreign expropriation of U.S. companies’ intellectual property wouldn't be limited to biomedical innovation and would reduce innovation.
REAL CLEAR POLICY
Don't Impose Foreign Price Controls on Prescriptions
Biotech, pharmaceutical, and medical provider organizations have sued the Trump administration over an overreaching rule, called "Most Favored Nation," that imports foreign government-run medical systems’ price controls as a gambit to lower prescription drug prices. MFN won't.