McGeorge School of Law

Professor Mireles on Universities and Patenting in SMU Law Rev

November 21, 2017

Professor Mike Mireles

Professor Mike Mireles has accepted an offer to publish his coauthored article, "Monitoring Behavior: Universities, Nonprofits, Patents and Litigation," in the Southern Methodist University Law Review. His coauthor, Teo Firpo, is a researcher at Nesta in London, United Kingdom. Nesta is a leading innovation research foundation.

The article continues his work studying universities and patenting. The paper presents and analyzes evidence from multiple data sources, including the Stanford Nonpracticing Entity Database, Google Patents, the U.S. Patent and Trademark Office, and Lex Machina, to inform the debate concerning whether universities and foundations are behaving similarly to so-called "patent trolls." The debate is important because a relatively substantial number of the patents asserted by universities and foundations are funded by the U.S. government. Moreover, some of the universities are also public, land grant institutions, and some of the universities are foreign. The question of whether these entities are behaving in the public interest in enforcing these patents is timely as policy makers continue to consider reforms to the patent system.

Professor Mireles presented this paper at the Stanford University Law School Patent Litigation Symposium and the University of Kentucky Law School. He has presented on issues related to the paper at the China University of Political Science and Law in Beijing, China; the Shanghai Jiao Tung University, KoGuan School of Law in Shanghai, China; VIT University Law School in Chennai, India; and the East China University of Political Science and Law in Shanghai, China. Recently, he gave a keynote speech on patent enforcement and licensing issues at the Beijing International Studies University in Beijing, China. He has also participated in workshops on related subjects at the European Commission in Brussels, Belgium. He is preparing a related version of the paper for a book chapter for an Edward Elgar Publishing research handbook.