BU Law’s Keith Hylton on Intellectual Property, Patents, & the Law

This week on The Learning Curve, co-hosts U-Arkansas Prof. Albert Cheng and Ret. MN Supreme Court Justice Barry Anderson interviews Prof. Keith Hylton, William Fairfield Warren Distinguished Professor and Professor of Law at Boston University. Prof. Hylton shares insights from his academic career and the book Laws of Creation: Property Rights in the World of Ideas, which he co-authored. The discussion explores how Enlightenment thinkers like John Locke and Adam Smith helped shape the legal framework for property rights and the free market in the U.S., and how these ideas are central to understanding our modern economy. Prof. Hylton explains the constitutional foundations of American intellectual property (IP) law, Thomas Jefferson’s role in establishing the U.S. Patent Office, and how historic inventors like Thomas Edison exemplify American experimentation, innovation, and economic dynamism. He also covers trade secrets, copyright law, and the tension between protecting inventors' individual patent rights and today’s calls for free access to copyrighted online content. Hylton addresses global challenges, including cyber theft and piracy, and reflects on key legal cases that define international IP enforcement. Prof. Hylton also shares three major takeaways he hopes high school and undergraduate students will understand about the importance of intellectual property rights in sustaining American rule of law, innovation, and economic growth. He concludes with a reading from his book, Laws of Creation: Property Rights in the World of Ideas.