Classic Patent Scholarship

Inspired by a series of posts by Professor Michael Madison (Pittsburgh) on the "lost classics" of IP law, I have been publishing additions to Madison's list by patent law professors. I asked each of them to share a few older (at least pre-2000) works that influenced their own scholarship and that they think young scholars should be aware of—either highly cited canonical works (which are still worth pointing out to those new to the field) or less famous works that seem underappreciated even by the experts. So far, this project has included contributions from Professors Tun-Jen Chiang, Michael Risch, Ted Sichelman, Jonathan Masur, Mark Lemley, Rochelle Dreyfuss, Sarah Burstein, Mike Carrier, Robert Merges, and myself. This page compiles all of their suggestions (roughly grouped by category); please visit their original posts for additional commentary. Also see here for a crowdsourced bibliography on IP and distributive justice. Contact me at with corrections or suggestions.

Patent Theory and Economics

Patents and Non-Patent Incentives (including the Bayh–Dole Act)

Patent Doctrine and Treatises

Empirical Work

Institutional Design

Historical Work

Antitrust and Standards

Design Patents


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