Imagine three designers working separately from one another but each producing the same thing: a ball made from floppy, elastomeric filaments that radiate from a central core region. The first designer, an engineer, creates the ball because she thinks it will be easier for small children to catch. The second… Read More »
In recent decades, research in behavioral psychology and experimental economics has undermined some of the fundamental principles of the “rational choice” model of neoclassical economics—in particular, the assumption that decision-makers have stable preferences. A large volume of data shows that people’s preferences are subject to a variety of cognitive biases… Read More »
Ted Sichelman
- University of San Diego Law School
About half, probably more, of all patented inventions in the United States are never commercially exploited. Many of these undeveloped inventions are commercially worthless ab initio, such as the anti-eating face mask, beer bottle mini-umbrella, and weed-cutting golf club.
Yet, for several reasons, the patent “underdevelopment” problem arguably applies to… Read More »
By writing a series of James Bond novels, Ian Fleming qualified for American copyright protection, pursuant to which works created by others without license and found by courts to be substantially similar to the novels would generally infringe his copyright. Imagine instead that Fleming would have had to draft a… Read More »