Crippling the Innovation Economy: Regulatory Overreach at the Patent Office

This paper explains how the PTAB has become a prime example of regulatory overreach. The PTAB administrative tribunal is creating unnecessary costs for inventors and companies, and thus it is harming the innovation economy far beyond the harm of the bad patents it was created to remedy. First, we describe the U.S. patent system and how it secures property rights in technological innovation. Second, we describe Congress’s creation of the PTAB in 2011 and the six different administrative proceedings the PTAB uses for reviewing and canceling patents. Third, we detail the various ways that the PTAB is now causing real harm, through both its procedures and its substantive decisions, and thus threatening innovation.

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Regulators in Cyberia

This paper illustrates the negative and sometimes unintended consequences that regulations can have on America’s most dynamic and fastest growing industry: the technology sector. In many situations, there is no regulatory option that satisfies Goldilocks’ preference of being “just right” because the newness of the service or product makes it impossible to know what “just right” is.

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Regulating in the Shadows: How Agencies Achieve Indirectly that Which they have No Authority to Achieve Directly

Agencies throughout the federal government have a vast array of powerful administrative remedies at their disposal to achieve their policy goals. These powers can be used to place great pressure on companies and individuals to surrender their rights and to submit to the government’s policy preferences. When is it appropriate for a government agency to use these powers and force citizens to give up legal rights in order to achieve the agency’s goals? When does this power become overly coercive?

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Government Regulation: The Good, The Bad, & The Ugly

The American free enterprise system has been one of the greatest engines for prosperity and liberty in history, and has the potential to deliver a promising future for the United States and the world.[1] Through protecting property rights and fostering healthy competition, democratic capitalism rewards work and ingenuity which improves our lives and has liberated more people from poverty than any other system…

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