Patents are a mutually beneficial agreement between inventors and the government. Each side makes concessions in service of their own, and the greater, good. It’s a careful balance, where policy and rules that are too permissive or too restrictive of inventors’ rights reduce the societal value of patents.
For years, this balance has been broken due to a judicial backslide that has allowed patent infringement damages awards to far exceed inventions’ true values. But in May, the US Court of Appeals for the Federal Circuit took an important initial step toward recalibration.
Originally published in Bloomberg Law - July 17, 2025.
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