Mossoff in Legal Newsline on Best Practices for Patent Licensing

In a Legal Newsline article, Professor Adam Mossoff discusses companies that have adopted “best practices” principles for patent licensing.


Mossoff, who is very much against federal overreach and lawmakers’ attempts to drastically alter the patent system, said licensing best practices are another form of self-regulation and could prove beneficial when combined with recent U.S. Supreme Court decisions.

“The ongoing development of ‘best practices’ principles by patent licensing companies and trade associations confirms that when rhetoric and junk science studies are stripped away from the policy debates, companies in the innovation industries are working to ensure that a vibrant patent licensing market continues to function properly,” he said. “This is incredibly important, because patent licensing has long been essential to the success of the 225-year-old American patent system in fostering the innovation economy.

“Companies like Finjan and Conversant are thus continuing a longstanding tradition in which patent owners have created innovative, market-based systems to efficiently deliver patented innovation to consumers — from sewing machines in the 19th Century to tablets and smart phones today.”

He continued, “In short, true reform of the patent system is already occurring, from the judges who are awarding attorneys fees and punishing the relatively few bad actors to the companies who serve the key economic function as market middlemen in converting inventions in the lab into real-world technological innovation purchased and used by people the world over.”

Former Federal Circuit judge: Patent licensing ‘best practices’ are well-intentioned, though unrealistic, Legal Newsline, May 15, 2015. By Jessica M. Karmasek.

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