“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


No Holy Grail on Drug Prices in Importation

The Trump administration’s drug importation rule takes another step in seeking the holy grail of lower drug costs.  It’s a noble quest destined for failure. 


The FTC Should Adopt the New Madison Approach

The exercise of IP rights should not be confused with anticompetitive conduct. Those who implement the inventions of others, who bore no up-front risk, shouldn’t be advantaged by antitrust enforcers putting their thumbs on the scales. 


A Victory for Innovators and Dynamic Competition

The Ninth Circuit’s thorough reversal of a thoroughly irredeemable district court ruling in FTC v. Qualcomm represents a decisive win for U.S. innovators in cutting-edge technological fields. This unanimous judgment illustrates how the exclusive right over a patented invention for a limited period ought to be understood in relation to antitrust. 


Property Rights and State AGs' Assault on Remdesivir: A Conservative Perspective

Many state AGs seem to disrespect the exclusive rights of limited duration that patents afford.  A bipartisan group of them wrote HHS calling for what's tantamount to eminent domain for COVID drug remdesivir's intellectual property. 


The Covered Business Method Program Must Finally Be Laid to Rest

The Covered Business Methods program should expire of disinterest, if not to eliminate a proceeding of questionable use, of illegitimate vintage, and of unjust intent. 


Restoring the Gold Standard of American Innovation Through Patent Legislation

Cutting-edge technologies come in the context of U.S. industrial competitiveness, namely concerning an aggressive China that doesn’t hesitate to use compulsion and crookedness to advance its totalitarian agenda. Yet, the American patent system has been weakened. 


How to Hopscotch China on 5G

Many in business, policy circles and government have increasingly recognized the link between national security and economic security, including in wireless technology. There's an ideal solution for 5G that leverages American strengths. It hopscotches the capital-intensive infrastructure model by delivering broadband and wireless 5G service via an open radio access network. 


Innovation Is America's Greatest Asset

American innovation doesn’t occur in a vacuum. It’s built on the foundation of secure, reliable, enforceable private intellectual property rights in rules-based IP and legal systems. 


The Steady Separation of Patents and Property Rights

The world’s patent “gold standard” has lately suffered vigorous attack. The cumulative effect has rendered patent rights less secure and less enforceable, patents weaker and less certain, and ownership in one’s inventions alienable. 

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