Monday, August 14, 2017

Research Handbook on the Economics of IP (Depoorter, Menell & Schwartz)

Many IP professors have posted chapters of the forthcoming Research Handbook on the Economics of Intellectual Property Law. As described in a 2015 conference for the project, it "draws together leading economics, legal, and empirical scholars to codify and synthesize research on the economics of intellectual property law." This should be a terrific starting point for those new to these fields. I'll link to new chapters as they become available, so if you are interested in this project, you might want to bookmark this post. (If I've missed one, let me know!)

Volume I – Theory (Ben Depoorter & Peter Menell eds.)


Volume II – Analytical Methods (Peter Menell & David Schwartz eds.)

Patents

Wednesday, August 2, 2017

Kevin Collins on Patent Law's Authorship Screen

Numerous scholars have examined the various functionality screens that are used to prevent non-utility-patent areas of IP from usurping what is properly the domain of utility patent law (see, e.g., the terrific recent articles by Chris Buccafusco and Mark Lemley and by Mark McKenna and Chris Sprigman). But hardly anyone has asked the inverse question: How should utility patent law screen out things that should be protected by non-patent IP? In Patent Law's Authorship Screen (forthcoming U. Chi. L. Rev.), Kevin Collins focuses on the patent/copyright boundary, and he coins the term "authorship screen" as the mirror image of copyright's functionality screen. As with pretty much everything Collins writes, it is thought provoking and well worth reading.