Lisa L. Ouellette
@patentscholar.bsky.social
Prof at @StanfordLaw.bsky.social, Senior Fellow at @SIEPR.bsky.social, physics PhD. Researching IP & innovation. Coauthor of free patent casebook: patentcasebook.org
Reposted by Lisa L. Ouellette
Harvey.AI is courting law schools like Westlaw/Lexis once did, but do we really need it? After a demo, my verdict: it's ChatGPT in a black turtleneck. Good for firms needing secure doc review & RAG, but law students can already do most of this with existing tools. matthewsag.com/do-law-schoo...
Do law schools need Harvey.AI? – Matthew Sag
matthewsag.com
November 4, 2025 at 5:07 PM
Harvey.AI is courting law schools like Westlaw/Lexis once did, but do we really need it? After a demo, my verdict: it's ChatGPT in a black turtleneck. Good for firms needing secure doc review & RAG, but law students can already do most of this with existing tools. matthewsag.com/do-law-schoo...
New Patently-O post with Jonathan Masur on why the Federal Circuit should explicitly clarify that private sales—ones that don't lead to public use or other prior art—are prior art against the seller but not third parties: patentlyo.com/patent/2025/...
Guest Post by Profs. Masur & Larrimore Ouellette: Private Third-Party Sales as Prior Art
Guest post by Professors Jonathan S. Masur (UChicago Law) and Lisa Larrimore Ouellette (Stanford Law). In our 2024 Stanford Law Review article, “Real-World Prior …
patentlyo.com
October 31, 2025 at 4:42 PM
New Patently-O post with Jonathan Masur on why the Federal Circuit should explicitly clarify that private sales—ones that don't lead to public use or other prior art—are prior art against the seller but not third parties: patentlyo.com/patent/2025/...
Press on Jonathan Masur's and my amicus brief from @law360.bsky.social & @bloomberglaw.com www.bloomberglaw.com/bloomberglaw...
The Federal Circuit should revive an insulation product maker's patent infringement lawsuit against a competitor, according to a pair of legal scholars who say third-party sales of a product by themselves can't block inventors from patenting their creations. www.law360.com/artic...
October 31, 2025 at 12:13 PM
Press on Jonathan Masur's and my amicus brief from @law360.bsky.social & @bloomberglaw.com www.bloomberglaw.com/bloomberglaw...
Thank you @prmalone.bsky.social, Nina Srejovic & fantastic @law.stanford.edu Juelsgaard Clinic students Jina Zhou and Yiran (Isabella) Yang for filing this amicus brief on Jonathan Masur's & my behalf, explaining why a private third-party sale isn't prior art against an unrelated inventor:
#25 in Cellulose Material Solutions, LLC v. SC Marketing Group, Inc. (Fed. Cir., 25-2000) – CourtListener.com
MODIFIED ENTRY: AMICUS BRIEF FILED by Jonathan Masur and Lisa L. Ouellette, Esq.. Service: 10/28/2025 by email. [1124194]--[Edited 10/29/2025 by GWK - Reason: compliance review complete] [Phillip Malo...
storage.courtlistener.com
October 30, 2025 at 1:47 AM
Thank you @prmalone.bsky.social, Nina Srejovic & fantastic @law.stanford.edu Juelsgaard Clinic students Jina Zhou and Yiran (Isabella) Yang for filing this amicus brief on Jonathan Masur's & my behalf, explaining why a private third-party sale isn't prior art against an unrelated inventor:
Reposted by Lisa L. Ouellette
Jonathan Masur and @patentscholar.bsky.social unravel patent law’s “disclosure puzzles”—the doctrines that demand inventors reveal enough to teach the public while still preserving the value of their inventions.
October 30, 2025 at 12:46 AM
Jonathan Masur and @patentscholar.bsky.social unravel patent law’s “disclosure puzzles”—the doctrines that demand inventors reveal enough to teach the public while still preserving the value of their inventions.
Reposted by Lisa L. Ouellette
My paper with @patentscholar.bsky.social on how AI increases plagiarism risk in student and academic writing, what law should do about it (nothing), and what schools should do about it (quite a bit) is now published in the University of Chicago Law Review
lawreview.uchicago.edu/online-archi...
lawreview.uchicago.edu/online-archi...
Plagiarism, Copyright, and AI | The University of Chicago Law Review
Critics of generative AI often describe it as a “plagiarism machine.” They may be right, though not in the sense they mean. With rare exceptions, generative AI doesn’t just copy someone else’s creativ...
lawreview.uchicago.edu
October 24, 2025 at 5:28 PM
My paper with @patentscholar.bsky.social on how AI increases plagiarism risk in student and academic writing, what law should do about it (nothing), and what schools should do about it (quite a bit) is now published in the University of Chicago Law Review
lawreview.uchicago.edu/online-archi...
lawreview.uchicago.edu/online-archi...
Reposted by Lisa L. Ouellette
FDA has updated their CBER/CDER net hiring data for FY 2025. Although both Centers grew in FY2023 and FY2024, in FY2025 they've lost ~16-18% (respectively) of staff, over a thousand people at CDER alone. www.fda.gov/industry/fda...
October 17, 2025 at 6:16 PM
FDA has updated their CBER/CDER net hiring data for FY 2025. Although both Centers grew in FY2023 and FY2024, in FY2025 they've lost ~16-18% (respectively) of staff, over a thousand people at CDER alone. www.fda.gov/industry/fda...
Reposted by Lisa L. Ouellette
Employees inside the FDA and outside experts said they were worried the U.S. is headed toward a new era of drug regulation: one where political decisions lead, and evidence follows
www.statnews.com/2025/10/14/f...
www.statnews.com/2025/10/14/f...
Inside FDA, career staffers describe how political pressure is influencing their work
Current and former FDA staff said the level of involvement of political officials in nitty-gritty regulatory matters is unprecedented.
www.statnews.com
October 14, 2025 at 1:36 PM
Employees inside the FDA and outside experts said they were worried the U.S. is headed toward a new era of drug regulation: one where political decisions lead, and evidence follows
www.statnews.com/2025/10/14/f...
www.statnews.com/2025/10/14/f...
Reposted by Lisa L. Ouellette
I submitted written testimony before the Senate Judiciary Committee in opposition to the Patent Eligibility Restoration Act
drive.google.com/file/d/1SlL9...
drive.google.com/file/d/1SlL9...
Comments on the Patent Eligibility Reform Act.pdf
drive.google.com
October 11, 2025 at 3:37 PM
I submitted written testimony before the Senate Judiciary Committee in opposition to the Patent Eligibility Restoration Act
drive.google.com/file/d/1SlL9...
drive.google.com/file/d/1SlL9...
Reposted by Lisa L. Ouellette
Excellent question. I reached out the the Office to ask about file wrapper access and they sent me here: data.uspto.gov/patent-file-...
It's much less user-friendly than Patent Center was and the UI is *terrible*, so it's not a great replacement.
It's much less user-friendly than Patent Center was and the UI is *terrible*, so it's not a great replacement.
The Open Data Portal (ODP) is USPTO's data platform that empowers you to discover and easily extract USPTO data in one place for free.
data.uspto.gov
October 12, 2025 at 4:55 PM
Excellent question. I reached out the the Office to ask about file wrapper access and they sent me here: data.uspto.gov/patent-file-...
It's much less user-friendly than Patent Center was and the UI is *terrible*, so it's not a great replacement.
It's much less user-friendly than Patent Center was and the UI is *terrible*, so it's not a great replacement.
Reposted by Lisa L. Ouellette
USPTO leadership seems to have decided that public outreach is no longer worth engaging in, limiting data access seems very much a part of that.
The effect, if not the objective, is to make everything around patents and trademarks more opaque
Yes, I am upset about pulling the plug on PatentsView
The effect, if not the objective, is to make everything around patents and trademarks more opaque
Yes, I am upset about pulling the plug on PatentsView
Is there any legitimate reason that limiting Patent Center access to verified users helps “fraud protection”? This is a problem for those of us who want to teach our students how to read a patent’s prosecution history. What is the fraud risk in reading patent data? www.uspto.gov/about-us/new...
USPTO implementing additional security measures for Patent Center
Effective September 11, 2025, identity verification will be required for all Patent Center users; guest and unregistered users will no longer be able to access Patent Center.
www.uspto.gov
October 12, 2025 at 4:38 PM
USPTO leadership seems to have decided that public outreach is no longer worth engaging in, limiting data access seems very much a part of that.
The effect, if not the objective, is to make everything around patents and trademarks more opaque
Yes, I am upset about pulling the plug on PatentsView
The effect, if not the objective, is to make everything around patents and trademarks more opaque
Yes, I am upset about pulling the plug on PatentsView
Is there any legitimate reason that limiting Patent Center access to verified users helps “fraud protection”? This is a problem for those of us who want to teach our students how to read a patent’s prosecution history. What is the fraud risk in reading patent data? www.uspto.gov/about-us/new...
USPTO implementing additional security measures for Patent Center
Effective September 11, 2025, identity verification will be required for all Patent Center users; guest and unregistered users will no longer be able to access Patent Center.
www.uspto.gov
October 12, 2025 at 3:56 PM
Is there any legitimate reason that limiting Patent Center access to verified users helps “fraud protection”? This is a problem for those of us who want to teach our students how to read a patent’s prosecution history. What is the fraud risk in reading patent data? www.uspto.gov/about-us/new...
Thanks to David Zimmer for work on Jonathan Masur’s & my amicus brief in support of cert in MSN v. Novartis, drawing on our “Disclosure Puzzles in Patent Law” article to explain why the Fed Cir’s approach to disclosure for after-arising technologies is incoherent www.supremecourt.gov/DocketPDF/25...
Disclosure Puzzles in Patent Law | The University of Chicago Law Review
Since its inception, patent law has required that inventors publicly disclose information about their inventions in exchange for receiving patent rights. This foundational requirement is policed throu...
lawreview.uchicago.edu
October 9, 2025 at 4:30 PM
Thanks to David Zimmer for work on Jonathan Masur’s & my amicus brief in support of cert in MSN v. Novartis, drawing on our “Disclosure Puzzles in Patent Law” article to explain why the Fed Cir’s approach to disclosure for after-arising technologies is incoherent www.supremecourt.gov/DocketPDF/25...
Reposted by Lisa L. Ouellette
New research by Pierre Azoulay, Danielle Li, Bhaven Sampat and me.
Earlier this year, the President’s budget proposed a 40% cut to the budget of the NIH. This motivated us to ask: what if the NIH had been 40% smaller?
Earlier this year, the President’s budget proposed a 40% cut to the budget of the NIH. This motivated us to ask: what if the NIH had been 40% smaller?
September 25, 2025 at 6:43 PM
New research by Pierre Azoulay, Danielle Li, Bhaven Sampat and me.
Earlier this year, the President’s budget proposed a 40% cut to the budget of the NIH. This motivated us to ask: what if the NIH had been 40% smaller?
Earlier this year, the President’s budget proposed a 40% cut to the budget of the NIH. This motivated us to ask: what if the NIH had been 40% smaller?
Reposted by Lisa L. Ouellette
This is bonkers. FDA is going to change leucovorin's label based on a lit review with data on 40 patients w/ cerebral folate deficiency and comparisons to "known natural history."
www.statnews.com/2025/09/22/f...
www.statnews.com/2025/09/22/f...
FDA brings back GSK's leucovorin drug that RFK Jr. touted as autism treatment
The Trump administration is touting leucovorin as a treatment for autism.
www.statnews.com
September 23, 2025 at 12:07 AM
This is bonkers. FDA is going to change leucovorin's label based on a lit review with data on 40 patients w/ cerebral folate deficiency and comparisons to "known natural history."
www.statnews.com/2025/09/22/f...
www.statnews.com/2025/09/22/f...
Reposted by Lisa L. Ouellette
In this post I explain why the suspension of Kimmel’s show looks like a blatant 1A violation, as all NINE members of SCOTUS last year made clear.... but also why courts may not be able to do much about it (and yet Kimmel should still sue!) blog.dividedargument.com/p/did-brenda...
Did Brendan Carr Violate the First Amendment? And Can Anything Be Done?
the constitutional law of jawboning
blog.dividedargument.com
September 19, 2025 at 4:07 PM
In this post I explain why the suspension of Kimmel’s show looks like a blatant 1A violation, as all NINE members of SCOTUS last year made clear.... but also why courts may not be able to do much about it (and yet Kimmel should still sue!) blog.dividedargument.com/p/did-brenda...
Looking forward to delivering the academic spotlight at the @law.stanford.edu Silicon Valley IP Forum on Oct. 3. Free registration here: conferences.law.stanford.edu/siliconvalle...
Home - Silicon Valley IP Forum 2025
Silicon Valley IP Forum aims to foster discussion and collaboration among IP professionals in the Silicon Valley area (and beyond). The conference will feature insightful discussions among judges, la...
conferences.law.stanford.edu
September 19, 2025 at 3:13 PM
Looking forward to delivering the academic spotlight at the @law.stanford.edu Silicon Valley IP Forum on Oct. 3. Free registration here: conferences.law.stanford.edu/siliconvalle...
Reposted by Lisa L. Ouellette
Heard. See @patentscholar.bsky.social 's "Classic Patent Scholarship" project, writtendescription.blogspot.com/p/classic-sc..., which builds on my "Lost Classics of Intellectual Property Law," available on SSRN. Newton, Hooke, OTSOG, and all that.
Classic Patent Scholarship
Lisa Larrimore Ouellette's Patent & IP Blog, Reviewing Recent Scholarship on Patent Law, IP Theory, and Innovation
writtendescription.blogspot.com
September 17, 2025 at 1:45 PM
Heard. See @patentscholar.bsky.social 's "Classic Patent Scholarship" project, writtendescription.blogspot.com/p/classic-sc..., which builds on my "Lost Classics of Intellectual Property Law," available on SSRN. Newton, Hooke, OTSOG, and all that.
Reposted by Lisa L. Ouellette
JUST IN: 9th Circuit panel refuses Trump administration bid to lift order requiring it to reinstate University of California grants canceled under Trump DEI orders. 3-0. Judges Paez (Clinton), Christen (Obama), Desai (Biden). Doc: www.documentcloud.org/documents/26...
UCResearcherStayCA9082125
www.documentcloud.org
August 21, 2025 at 6:29 PM
JUST IN: 9th Circuit panel refuses Trump administration bid to lift order requiring it to reinstate University of California grants canceled under Trump DEI orders. 3-0. Judges Paez (Clinton), Christen (Obama), Desai (Biden). Doc: www.documentcloud.org/documents/26...
New article with @marklemley.bsky.social on how genAI facilitates academic plagiarism, why this shouldn't become a copyright/legal problem, and what universities should do about it (forthcoming in U Chi L Rev Online): papers.ssrn.com/abstract=539...
August 20, 2025 at 11:55 PM
New article with @marklemley.bsky.social on how genAI facilitates academic plagiarism, why this shouldn't become a copyright/legal problem, and what universities should do about it (forthcoming in U Chi L Rev Online): papers.ssrn.com/abstract=539...
This threat to "take over" Harvard's patents is bewildering—seems like yet another example of using a tenuous legal threat to retaliate against universities for not complying with unrelated demands. I'm quoted in this WSJ story (gift link):
Trump Administration Threatens to Take Over Harvard’s Patents
The move is the latest escalation in the White House’s battle with the Ivy League school.
www.wsj.com
August 10, 2025 at 12:11 AM
This threat to "take over" Harvard's patents is bewildering—seems like yet another example of using a tenuous legal threat to retaliate against universities for not complying with unrelated demands. I'm quoted in this WSJ story (gift link):
Reposted by Lisa L. Ouellette
NEW: Trump's suspensions of UCLA's research grants is around 800 -- the ~300 we knew about for NSF and *500* NIH grants. That's according to a memo a UCLA administrator sent to the campus's researchers with grants two hours ago.
I chased this all day:
UCLA research grants suspended after Trump administration faulted campus for antisemitism
calmatters.org/education/hi...
UCLA research grants suspended after Trump administration faulted campus for antisemitism
calmatters.org/education/hi...
UCLA research grants suspended after Trump administration faulted campus for antisemitism
The Justice Department issued UCLA a notice of violation for not responding “adequately” to complaints about antisemitism.
calmatters.org
August 1, 2025 at 9:53 PM
NEW: Trump's suspensions of UCLA's research grants is around 800 -- the ~300 we knew about for NSF and *500* NIH grants. That's according to a memo a UCLA administrator sent to the campus's researchers with grants two hours ago.
Reposted by Lisa L. Ouellette
Are there any other areas where people can get access to the system the agency's initial decisionmakers will use, but only if they pay?
The USPTO's design patent search tool is also available to law firms and corporations through Clarivate (for a fee, presumably). I'm not sure how I feel about the gov't using AI that is paywalled for the private sector. But here we are. clarivate.com/intellectual...
August 1, 2025 at 2:49 PM
Are there any other areas where people can get access to the system the agency's initial decisionmakers will use, but only if they pay?
Reposted by Lisa L. Ouellette
#Breaking: Trump administration blocks NIH from awarding any research grants and contracts
www.statnews.com/2025/07/29/t...
www.statnews.com/2025/07/29/t...
Trump administration blocks NIH from awarding any research grants and contracts
The order applies to the entirety of new and, possibly, ongoing research grant dollars that go to universities and academic medical centers.
www.statnews.com
July 30, 2025 at 1:26 AM
#Breaking: Trump administration blocks NIH from awarding any research grants and contracts
www.statnews.com/2025/07/29/t...
www.statnews.com/2025/07/29/t...
Reposted by Lisa L. Ouellette
NIH plans to shrink the share of grant applications it will award for the remainder of the fiscal year, in some cases by more than half.
www.statnews.com/2025/07/29/n...
www.statnews.com/2025/07/29/n...
NIH is shrinking the number of research projects it funds due to a new Trump policy
NIH plans to shrink the share of grant applications it will award for the remainder of the fiscal year, in some cases by more than half.
www.statnews.com
July 29, 2025 at 1:34 PM
NIH plans to shrink the share of grant applications it will award for the remainder of the fiscal year, in some cases by more than half.
www.statnews.com/2025/07/29/n...
www.statnews.com/2025/07/29/n...