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Whither Oil States?: The Future of Patents as Property Rights


Whither Oil States?: The Future of Patents as Property Rights

Whither Oil States?: The Future of Patents as Property Rights Wednesday, March 27, 2019

1:15 p.m. - 2:45 p.m. Onsite registration begins at 12:45 p.m.

CLE Credit: 1.5 Hours (approved)CLE credit is extended to Illinois attorneys only. Attorneys who need CLE from other states are welcome to apply to their jurisdictions on their own. The extension of CLE credit is subject to each states approval.

There is no cost to attend the lecture; however, registration is requested. In Oil States v. Greene’s Energy, the U.S. Supreme Court ruled that the Patent Trial & Appeal Board (PTAB) can cancel patents through administrative proceedings because patents are not private property rights, but instead are "public rights" (special privileges). Thus, constitutional protections like the separation of powers doctrine or the Seventh Amendment do not apply in determining whether a patent was validly issued. Oil States was the first case in which the Supreme Court held that patents are public rights, but the Court also limited its holding to only the question of the validity of a patent. It declined to reach other constitutional issues, such as how the Due Process Clause and Takings Clause would apply to patents. In this presentation, Professor Mossoff will discuss the longstanding dispute over the legal status of patents, the extensive judicial and legislative precedents reaching back to the early 19th century that patents are private property rights, and what may happen in the cases addressing these issues in the coming years. Is Oil States the first step in a fundamental reframing of patents as special regulatory entitlements, or will it be limited to the specifics of the PTAB and cancelation of issued patents given new evidence of a patent failing the statutory patentability requirements?

About Professor Adam Mossoff Adam Mossoff is a Professor of Law at George Mason University Antonin Scalia Law School. His academic research has been cited by the U.S. Supreme Court, the Court of Appeals for the Federal Circuit, and federal agencies. Professor Mossoff has been invited to testify before the Senate and the House, and he has spoken at numerous congressional staff briefings and academic conferences, as well as at the U.S. Patent and Trademark Office, the Federal Trade Commission, the Department of Justice, the National Academy of Sciences, and the Smithsonian Museum of American History.


Consent For Video Recording: This event will be recorded and may be later made publically available via the Internet. Participation in the event constitutes consent to be recorded, including without limitation by audio, video, and still images. Participants understand that such recordings may be distributed by means of a variety of media, formats, and contexts, and that this may occur during the event and thereafter. Participants waive all claims for any compensation and for any damages or other remedies in connection with such recordings and the use thereof.

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