Will Americans Continue to Invent?
Intellectual Property Practice Group Podcast
Intellectual Property Practice Group Podcast
United States patent law has traditionally authorized the grant of patent rights to the first to invent or to discover a patentable invention, subject to specified terms and conditions. But the America Invents Act replaced the "first-to-invent" system with the "first to file" system long enforced in England and in other countries by deleting or rewriting numerous references to priority of inventorship in the existing statutory sections concerning novelty and obviousness. Does this change rewrite core patent law fundamentals in this country and shift the balance among individual inventors, large corporations, and patent holding companies? What is the likely effect on innovation and development, the keys to a growing economy? Are the projected benefits worth the anticipated costs? Under Article I, Section 8, Clause 8, is the change Constitutional?
Featuring:
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Stevenson Bernard Professor, George Washington University Law School
The Honorable F. Scott Kieff is the Stevenson Bernard Professor at George Washington University Law School and a Visiting Fellow at Stanford University’s Hoover Institution.
He served as Commissioner of the U.S. International Trade Commission from 2013-2017. He also served during the Bush, Obama, and Trump Administrations in the part-time leadership of the national security defense-intelligence community.
He was previously a professor of law and medicine at Washington University in Saint Louis and a Senior Fellow at Hoover. A former law clerk to U.S. Circuit Judge Giles S. Rich, he is a graduate of Penn Law School and MIT, where he studied molecular biology and microeconomics. He was elected to the European Academy of Sciences and Arts in 2012 and the Academia Europaea in 2024.
His private sector work through Kieff Strategies LLC (www.kieffstrategies.com) provides neutral services including mediation and compliance, and expert services including crisis management, advising, and testimony.
Executive Vice President, The Federalist Society
Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.
Associate Professor, Boston College Law School
David Olson is an associate professor and the Faculty Director of the Program on Innovation and Entrepreneurship. He teaches patent law, intellectual property law, antitrust law, and various seminars. His research and writing primarily focus on patents, copyrights, antitrust, and incentives for innovation and competition. Since joining BC Law in 2007, he has been recognized for his teaching excellence and contributions. In 2011, he received the Business & Law Society Faculty Award for Achievement in Business & Law. In 2012, he received the Professor Emil Slizewski Award for Faculty Excellence. For one semester in 2015, Olson served as a visiting professor at Pontifical Catholic University, Rio de Janeiro, Brazil, where he conducted research and taught a course on intellectual property.
Olson has published scholarly articles on patent law, copyright law, antitrust, music licensing, and first amendment copyright issues. His writing has been cited in Supreme Court and other legal opinions. He has testified before the U.S. Congress on matters of drug patents, FDA regulation, and antitrust.
The media frequently seeks Olson’s insights and opinions. He has been quoted in the Wall Street Journal, Associated Press, and Reuters, among others. He has appeared as a guest panelist on WBUR’s Radio Boston, WAMU's Kojo Namdi Show, and Public Radio Canada. His op-eds have appeared in the Chicago Tribune, Washington Times, and The Hill.
Olson came to Boston College from Stanford Law School's Center for Internet and Society, where he conducted research on patent law and litigated copyright fair use impact cases. Before entering academia, Olson practiced law as a patent litigator. He clerked for Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit.