Autoplay Next video from Max length

Discussion | Should Patent Law Be a First Amendment Issue?

409 views · Published 24 May 2017 · 1:27:57 · Indexed 8 November 2026

Channel: Stanford Law School · 2017 · Education

Mozilla and Stanford Program in Law, Science & Technology hosted a panel series about the intersection between intellectual property law and the First Amendment. This panel explores: 

   - Does patent law create conflicts with the First Amendment, for example, as described by Judge Mayer in Intellectual Ventures I LLC v. Symantec Corp.?
  - Do the subject-matter eligibility tests created by the Supreme Court (e.g., Alice) mitigate or impact any potential First Amendment issues? What would be the impact of limiting or modifying Section 101?
  -  How does the First Amendment’s intersection with patent law compare to other IP and regulatory contexts? (e.g., doctrines or defenses that account for the First Amendment in Copyright, Trademark, and Antitrust)
 -  Companies like Electronic Arts have shown the importance of the First Amendment for companies when it comes to IP disputes. What are the different competing interests for IP owners and creators here?
  -  Registration of ‘offensive’ marks is currently being reviewed in light of the First Amendment. Are there any parallels to the grant of patent protection by the USPTO, or subsequent enforcement?

Introduction: Mark A. Lemley
Professor, Stanford Law School

Panelists:

 Elvin Lee (Moderator)
        Product/Commercial Counsel, Mozilla

 Dan L. Burk
        Professor of Law, University of California, Irvine School of Law

 Sandra Park
        Senior Staff Attorney, ACLU Women’s Rights Project

 Robert Sachs
        Partner, Fenwick & West LLP

 Wendy Seltzer
        Strategy Lead and Policy Counsel, World Wide Web Consortium

Discussion | Should Patent Law Be a First Amendment Issue?

More from this channel