Our Fall 2021 Issue—Volume 11, Issue 2—contains three articles that challenge current perceptions and practices in our intellectual property system. The articles not only offer rich analyses but also propose practical solutions to save money, improve health outcomes, and maintain international harmony.
First, Richard Gruner examines the impact of abandoned patents on technology development. Comparing the forward citation counts of 5,099 U.S. utility patents, Gruner discovers that abandoned patents—those allowed to lapse by their owners before their full available period of patent protection—are cited at much lower rates than non-abandoned patents. These citation differences occur almost immediately after patent issuance, suggesting ways to spot technological “dead ends” early on and shift attention toward more valuable prospects.
Meanwhile, Sam F. Halabi urges us to look beyond patents to consider the impact of trademark and trade dress in the pharmaceutical landscape. As Halabi points out, these laws raise the cost of prescription drugs and shape patient adherence to drug regimens. In highlighting these often overlooked impacts, Halabi encourages legislators, regulators, and judges to “address the law of medicine appearance.” You may also see Halabi talk about his work with our Author Series Editor Joseph C. Mineo on our latest episode of The Author Series.
Lastly, Jorge L. Contreras takes a global perspective, assessing the proliferation of anti-suit injunctions in litigation over the licensing of standards-essential patents. Contreras breaks down this seemingly complex topic and creates a compelling argument for judicial restraint.
You may view and download a PDF of the complete issue here.
Overall, these articles provide insightful assessments of various intellectual property concerns. I am honored to have worked with these authors and grateful for the JIPEL staff that made this issue a reality. I hope you enjoy it as much as I did.
NYU Journal of Intellectual Property & Entertainment Law