Santa Clara High Technology Law Journal Volume 36 Issue 4 Article 5 5-11-2020 OF MONOPOLIES AND MONOCULTURES: THE INTERSECTION OF PATENTS AND NATIONAL SECURITY Duan, Charles Follow this and additional works at: https://digitalcommons.law.scu.edu/chtlj Part of the Intellectual Property Law Commons, and the Science and Technology Law Commons Recommended Citation Duan, Charles, OF MONOPOLIES AND MONOCULTURES: THE INTERSECTION OF PATENTS AND NATIONAL SECURITY, 36 SANTA CLARA HIGH TECH. L.J. 369 (). Available at: https://digitalcommons.law.scu.edu/chtlj/vol36/iss4/5 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact
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[email protected]. OF MONOPOLIES AND MONOCULTURES: THE INTERSECTION OF PATENTS AND NATIONAL SECURITY By Charles Duan1 Recent conversations about patent policy are increasingly incorporating themes of national security. In particular, the national security dimensions of “races” against technological superpowers such as China, in fields such as artificial intelligence (AI), fifth-generation (5G) mobile communications networks, and quantum computing, has given rise to a national dialogue on spurring domestic innovation, a dialogue into which patents naturally fit. As a result, national security has made a notable appearance in recent key patent policy situations, including the patent subject matter eligibility hearings in the Senate, the Apple–Qualcomm–Federal Trade Commission litigation over patents and antitrust, and the Verizon–Huawei patent licensing dispute.