Volume 49, Issue 2
Opening Remarks: The Administrative-Private Law Interface in IP
David Kappos, Cravath
On March 29, 2018, David Kappos, former Director of the United States Patent and Trademark Office, gave opening remarks at a conference on the intersection of patent law and administrative law presented at Harvard University Law School. After thanking the Project on the Foundations of Private Law and Professor Henry Smith for inviting him to participate, Director Kappos offered the following… Ed. It is worth inquiring how we got to a place where the U.S. patent environment is ranked twelfth strongest in the world, well behind the strength of many important countries in Asia and Europe1. What steps have shaped the U.S. IP system and defined its intersection with administrative law? I’ll begin by recounting the problems the IP system faced 10 or 15 years ago. Then I’ll overview the U.S. government’s response to these problems, including changes in private and administrative law. I will next zero in on some of the administrative law responses in particular, and highlight the ways in which antitrust law has, in my view, breached the proper border between it and IP, specifically as it pertains to patents and copyrights. Finally, I’ll contemplate the consequences and confusion this has caused on the policy front, and opine on whether this systemic overstepping and confusion is here to stay, or if recent developments instead provide hope for a different, better approach to navigating the intersection between administrative and private law.
Message from the President Rory P. Pheiffer
Opening Remarks: The Administrative-Private Law Interface in IP
BPLA Hosts ITC Conference
Job listings
Avoiding Early § 101 Dismissal with Factual Disputes
USPTO’s Customer Partnership Meetings
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The BPLA Files Amicus Curiae Brief in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.
The BPLA Co-Sponsors World IP Day Boston 2018. Powering change: Women in innovation and creativity
Message from the Editor-in-Chief
Officers and Board of Governors
Medical Design Briefs Summary
Community Calendar
Summary of Oil States Decision
In memoriam of Richard A. “Dick” Wise
Announcement for the 8th Annual Invented Here! Program 2018