This NPR Marketplace article interviews Professor Janet Frelich about her Virginia Law Review paper discussing the changing nature of patents and how they are now more likely to be enforced, due to new technologies. This has a number of implications for patent law and policy.
One implication is that companies must be more careful about infringing on patents. In the past, companies might have been able to get away with infringing on patents if they were not caught. However, with new technologies it is now easier for patent holders to detect infringement. This means that companies are more likely to be sued for patent infringement and they could face significant damages if they are found to be infringing.
Specifically, the paper describes technologies that perform automated "freedom to operate" analyses, Amazon's "Neutral Patent Evaluation Program," and automated tools for patent analysis and drafting. All of these tools, according to the author, make patents more relevant.
Overall, the article describes the changing nature of patents and the implications for patent law and policy. It is an important read for anyone who is interested in this topic.
Here are some additional thoughts on the article:
- The article mentions that patents are becoming more important in the software industry. This is because software is becoming increasingly complex and valuable. As a result, companies are more willing to invest in patent protection for their software.
- The article also mentions that patents are becoming more important in the global economy. This is because countries are increasingly competing for economic dominance. As a result, countries are more willing to invest in patent protection for their domestic industries.
- The article concludes by stating that the patent system is in need of reform. The author argues that the patent system should be more balanced and should take into account the interests of all stakeholders, including consumers and small businesses.
"It is quite likely that you, the reader, have infringed a patent today," reads the first line of professor Janet Freilich's recent article in the Virginia Law Review. The millions of patents active in this country today can apply to things as quotidian as playing on a swing or using Wi-Fi. And with the rise of artificial intelligence, Freilich says, patents are about to get a lot more enforceable — or, as she puts it, "salient."
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