We are a few days before Election Day, in a year where everyone agrees that the upcoming election is a potentially momentous one. You might think that the country is heading in a positive direction, or that each passing day is a political nightmare that seems endless. Either way, the message on both sides of the political aisle is that voting — especially this year — is about as important a civic duty as each of us can carry out. Which is of course true. Democracy is not cheap, or something that is best left to others to worry about. An informed and involved citizenry is the bedrock of our constitutional republic, as every lawyer knows well. So vote, while also encouraging others to do so.
Public service message on voting aside, the upcoming election does illustrate one of the puzzling gaps in our current political discourse — thoughtful discussion of IP issues by politicians. We are left in the dark as to our politicians’ views as they relate to meaningful consequences of IP policy, such as trade, incentivizing entrepreneurship, or preparing American students to compete in the global economy of today. Yes, the discussion on these topics is robust within the IP community, particularly with respect to issues such as patent eligibility and the proper role of the PTAB in adjudicating patent disputes. Likewise, there is the occasional discourse with respect to timely topics such as stemming Chinese theft of American IP or the proper approach to protecting copyrighted works in this digital age. But it is not enough, especially considering the outsized contribution of IP to the American economy, coupled with the likelihood that IP will become ever more important to the value of American companies going forward.
So why are many political campaigns devoid of informed discussion about IP issues? Yes, IP literacy in this country is lacking, even among the political class. At the same time, not every politician is a healthcare expert, but there is nary a politician that doesn’t have something to say within the current healthcare debate. And while some politicians are reluctant to discuss topics such as international trade when focusing on their local races, they could at least be expected to discuss the importance of IP rights to their hometown business communities. It seems as if politicians are give a pass, insofar as IP is widely considered the domain of legal experts, instead of something that regular citizens should be thinking about.
The New Way Litigators Handle Depositions Applies AI Every Step Of The Way
Depositions by Filevine help with scheduling, tracking goals, and trial prep.
Such thinking is a mistake. Let’s go back to first principles. IP rights — in particular the need for Congress to pass laws relating to copyrights and patents — are enshrined in the Constitution. The Founders recognized the importance of IP to maintaining the nascent country’s forward economic momentum, in contrast to the staid European economies that were so dependent on extracting maximum value from their colonial empires at the time. History has proven the wisdom of the Founders’ recognition of the importance of IP rights, as evidenced by the robust and diverse American economy that remains the envy of the world today.
Even if you choose not to accept that a strong IP legal system is a foundational pillar of our economy, it is important to remember that our founding document clearly says otherwise. And charges our federal legislators with passing laws that will help spur innovation while protecting the rights of creators. There is no doubt that innovation — in both technical and creative fields — has fueled the roaring American economic engine. Accordingly, anyone sitting in or aspiring to a position with the ability to establish or interpret IP laws should be able to articulate their beliefs and positions on the IP issues of the day. We deserve at least as much.
The importance of politicians sharing their views on IP issues is underscored by the increasing importance of IP issues to those economic sectors that differentiate the American economy. Whether it be pharmaceuticals or software or high technology, it is hard to find a leading American industry where IP issues are not of critical importance. And as American companies continue to globalize and offer their products in markets worldwide, their ability to avoid counterfeiting or other encroachments on their IP is likewise of greater importance than ever. Which again begs the question as to why politicians forego providing their views on these issues. Just as every politician has a platform on issues like military spending or immigration, so should the public become privy to their views on IP rights. Whether it is in the context of discussion of international trade and the role of IP in protecting American interests, or discussion of how to increase startup activity locally — we deserve to know what our politicians think about the proper role of IP laws in governing economic behavior.
Encouraging politicians to express their IP views also offers other benefits than just greater political transparency on a key economic issue. For example, we are constantly bombarded by political advertisements where one candidate lambastes the other about being the in the pocket of “corporate interests.” Code words for saying that a candidate is susceptible to lobbying influences. We should know if a politician is a great friend to Big Pharma because of extensive lobbying, or whether they are being influenced by Silicon Valley’s D.C. army. While regular people may never know the extent of a lobbyist’s reach, greater understanding of a politician’s IP platform can offer solid clues into which industry interests they are being influenced by. Yet another reason why demanding that our politicians offer their IP views alongside their view on Medicare-for-All, or the Wall, or any other political issue du jour.
Labor and Employment Federal Litigation Trends 2026
Drawing on more than a decade of data, the report equips law firms and corporate legal teams with actionable insights to better assess risk, refine strategy, and anticipate outcomes in today’s evolving workplace disputes.
Ultimately, greater political transparency is a good thing. The time for giving our politicians a pass on sharing their views on IP issues of critical importance to our country’s economic competitiveness is over. As IP lawyers, we should be leading the charge for increasing IP literacy in the American public, a responsibility which extends to demanding that our politicians speak intelligently about their approach to IP issues. It doesn’t matter whether you are happy or disappointed with the current direction of American IP policy. Our job is to lead the conversation on the proper IP policy for this country, while demanding that our erstwhile leaders participate in a meaningful way as well.
Please feel free to send comments or questions to me at [email protected] or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.
Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at [email protected] or follow him on Twitter: @gkroub.