Patent Eligibility and Investment


* Associate Professor of Law and Co-Director of the Tsai Center for Law, Science and Innovation, SMU Dedman School of Law; J.D., 2003, Harvard Law School; B.S., 1999, Texas A&M University. I prepared this Article pursuant to grants from Microsoft Corporation, the Tsai Center, and the Clark J. Matthews, II Faculty Research Endowment Fund. I am grateful for feedback I received on drafts of the survey pursuant to a Thomas Edison Fellowship from the Center for the Protection of Intellectual Property at the Antonin Scalia Law School at George Mason University, and in particular from Jay Kesan, Adam Mossoff, and Ted Sichelman. I also received helpful feedback at the Intellectual Property Scholars Conferences at Stanford and Cardozo, including from Paul Gugliuzza, Tim Holbrook, Jeff Lefstin, Peter Menell, Josh Sarnoff, and Dave Schwartz. Thanks to my research assistants Kyle Wagner, Meghan Galloway, and Amir Saboorian, to the Tsai Center’s Natalie Greco, and to Ben Williams of the SMU Statistical Consulting Center. Special thanks to Rachel, Caroline, Emily, and Joshua Taylor. The views and any errors in this Article are my own.