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“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

Breaking the Law

To be clear, the wildly successful, innovation-fostering Bayh-Dole contains no reference to prices of eventual products in connection with the law’s march-in provision or anything else.

Legislative Lessons from Cutting Procedural Corners

But for the fast action of several lawmakers whose experience and expertise in IP led them immediately to spot reasons for concern, PAPA might have been fast-tracked to enactment—blocking Chinese and other adversaries’ use of U.S. patenting with a giant leap away from the Founders’ democratized, merit-based patent system that has marvelously benefitted average Americans who have a novel idea.

Biden Risks Cutting-Edge Drugs

"[I]t introduces extensive uncertainty about whether your patents will remain exclusive to your product, your development, and your commercialization efforts over the years with private investment money."

IP Rights in a Changing World

The Global Innovation Policy Center’s new IP principles espouse the vital importance of IP for America’s innovation, security and prosperity. U.S. IP rights “protect America’s global innovation leadership” and make it possible for us to “lead the world in critical and emerging technologies.”

Helping Big Tech’s Infringement

A rash of cookie-cutter op-eds signed by former Congressmen popping up around the country aims to undermine American patent rights on behalf of Big Tech interests.

Patent Bills Pros and Cons

Two bipartisan bills would restore some patent reliability. Other legislation introduced or seeking a sponsor threatens to reduce patent reliability and America’s global leadership in innovation versus China. 

No Quiet Title for Innovators

Quiet title is essential to property rights—whether you’re talking about land where the Environmental Protection Agency asserts unconstitutionally broad “navigable waters” regulations or by unfair eminent domain without just compensation, financial assets unduly taxed (again) at death or taken without due process through civil asset forfeiture.

Handing China Innovation Leadership

The EC has proposed a regulatory framework that will hamper standard-essential patents. If you get the sense this is a regulatory train wreck, you’re right. It will harm American and European innovators and help Chinese competitiveness and innovation.

World IP Day Points to IP’s Role in Competitiveness

The United States leads all nations for strength on copyrights. The United States ties for 1st place in both the trademark and IP enforcement categories, ties six other nations for 2nd place in IP systemic efficiency, places 3rd on IP commercialization and lands in a 10-way 1st place tie for international treaties that protect IP.

Weakening U.S. Trade Protections Benefits China

Indeed, the “patent troll” is the monstrous and largely imagined opponent against which these firms have waged an anti-patent war for nearly two decades. The infringers’ lobby wants people to believe that the “trolls” are gaming the ITC, “twisting the Commission’s rules” to “extort legitimate businesses” that import products they manufacture overseas.

SERA Smiles on Users, Frowns on Innovators

If you’re in the business of inventing cutting-edge technologies and participating in standards-development bodies—both activities requiring healthy investments of financial and human resources—then SERA compels you into a deal you cannot refuse. Your only option, if you want to get paid by those whose products need your standard-essential patented invention, is the SERA court.

IRA Sows Seeds of Socialistic Health Policy

Several instances of biopharma innovators cutting back or ending promising new drug projects have already occurred. A recent industry survey about the IRA’s adverse effects provides strong evidence that these aren’t merely a few anecdotal moves.

The Importance of Protecting the Rights of Inventors

CPR founder and executive director James Edwards speaks on this podcast about his involvement with the film "Innovation Race."

Impact on Inventors of SCOTUS Cert Denial in Centripetal Networks v. Cisco

On December 2, the U.S. Supreme Court declined a certiorari petition in Centripetal Networks Inc. v. Cisco Systems Inc. SCOTUS leaves the Court of Appeals for the Federal Circuit’s ruling—vacating the federal district court decision that Cisco had willfully infringed Centripetal Networks’s patents and owed damages exceeding $3 billion—in place. Patent owners may fear that this outcome places another hurdle between them and recovering patent infringement damages against established corporations.

Shooting Ourselves in the Innovation Foot

Secure private property rights are vital to winning the competitiveness race through innovation. But, among other things, the Patent Trial and Appeal Board (PTAB) has upended quiet title for patents.

Don’t Let Sentimentalism Drive Bad Policy

Regardless of Sen. Leahy’s contributions over the past half century, we shouldn’t let sentimentalism drive the adoption of bad policy.

SCOTUS Reviews Centripetal Cert

The U.S. Supreme Court considers whether to grant certiorari in Centripetal Networks v. Cisco Systems. This patent infringement case swerved into issues of judicial recusal. It has significant consequences for patent owners and inventors targeted by patent infringement, who assert their patent rights and get pulled into a litigation vortex.

IRA’s False Promises, Real Results

Newly enacted government price controls aren’t even implemented yet, but they’re already having an effect. But instead of forcing down the prices of the highest priced (i.e., most valuable) brand medicines, price controls in the so-called “Inflation Reduction Act” are reducing biomedical innovation.

Property Rights on the Midterm Ballot

Whether you realize it or not, property rights are on the ballot in the midterm elections. Taxes, redistribution of wealth, private property takings, due process.

Will Biden Let China Steal Our Technology?

The original TRIPS waiver didn't help the developing world, and an extended waiver wouldn't either. Further backtracking on international IP protections would merely enrich our rivals, chill innovation, and jeopardize our future health.

DOJ Pulls National Security Threat

A proposal stacking the antitrust deck against standards-essential patents and tilting antitrust enforcement against inventors with SEPs faced broad, bipartisan opposition. A big reason was the dangerous implications for national security.

A Closer Look at Drug Pricing

Thanks to Sen. Joe Manchin, other politicians in his party have seen item after socialist item fall from the budget reconciliation package. The drug pricing provision is socialist policy—the government dictating the price it pays for certain medicines.

Price Controls for Drugs Aren't Conservative Policy

Price control schemes encumber private producers’ property rights. They reduce market-based choice and competition for consumers. They curb innovation, quality and value. This socialism comes at too expensive a price.

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.

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.

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 proposal stacking the antitrust deck against standards-essential patents and tilting antitrust enforcement against inventors with SEPs faced broad, bipartisan opposition. A big reason was the dangerous implications for national security.

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.

Supreme Court Ruling Is a Win for Property Rights

The U.S. Supreme Court took a major step in upholding these fundamental rights by striking down the Centers for Disease Control and Prevention’s (CDC) latest eviction moratorium extension. 

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.

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."

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."

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.

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.

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