Bill mandates patent extension if PTO dallies

Deference Overcome: Courts’ Invalidation of Patent Claims as Anticipated by Art Considered by the PTO

¶1 Courts accord varying degrees of deference to administrative decisions. In the context of patent law, an issued patent is entitled to a statutory presumption of validity that places the burden on the challenger to prove by clear and convincing evidence that the patent’s claims are invalid. The presumption of validity is based, at least in part, on the patent examiner’s consideration of refer...

Accommodation Mandates

Contraceptive insurance mandates.

Contraception is a fundamental health care service and a basic public health measure. The ability to plan, start, space, and discontinue bearing children has transformed everyday life for women, families, and communities. Along with other improvements in medical care and public health, it has vastly enhanced women’s autonomy, professional and educational achievement, and emotional satisfaction ...

Implementing employer and individual mandates.

As is true of automobile insurance, a strong case can be made for a mandate that requires individuals to purchase health insurance rather than shifting costs to others. A mandate by itself, however, is likely to be regressive. By dealing with individual needs through the back door, an employer mandate generally keeps costs hidden and raises employment problems, while an employer subsidy will be...

Efficient Regulatory Mandates∗

This paper shows why, under incomplete information, regulatory practices that alter market prices can redistribute resources more efficiently than cash transfers. In our model the representative citizen cares about a project that benefits a special interest. An example of such a project is the adoption of accessibility devices regulated by the American with Disabilities act. The project can be ...