The uncertain state of patent law 10 years into the Roberts court
The US Supreme Court has had a major impact on US patent law during the last decade. From injunctive relief to fee shifting and patent-eligible subject matter, its opinions have reshaped the entire market
Since John Roberts was appointed chief justice over 10 years ago, the US Supreme Court has fundamentally depressed the economic value of patents and the investment incentives created by patent protection. Beginning with eBay, Inc v MercExchange, LLC, the court has repeatedly rejected the Court of Appeals for the Federal Circuit’s attempts to increase certainty in patent law. It has now reached the point where one must question whether the Supreme Court’s decisions and current thinking are consistent with the constitutional mandate that patent law should further the progress of “science and useful arts”.
Want to read more?
Register to access two of our subscriber-only articles per month
Subscribe for unlimited access to articles, in-depth analysis and research from the IAM experts
What our customers are saying
IAM explores how businesses can leverage IP rights as real assets beyond their traditional use. As the magazine addresses IP management issues without overly dwelling on legal matters, I consider it an eminently useful reference for innovative business executives.
Dr Frank Cuypers
Subscribe to receive access to the full range of premium business intelligence, insights and analysis, as well as our IP directories, guides and daily news.