On October 8th, the 2018 Nobel Prize in Economics was awarded to Paul Romer, an American economist who has produced foundational work on patent rights and the policies underlying sustainable economic growth.

Beginning with his Ph.D dissertation in 1983, Romer’s work has demonstrated that innovation is a product of strong intellectual property rights and investments in research and development (R&D)—upending then-prevailing assumptions that new ideas simply arise irrespective of the regulatory conditions in effect.  Thanks to Romer, it is now widely recognized that policymakers have the ability to promote technological innovation and spur overall economic growth by, among other things, establishing a strong patent system and investing in new technologies.

Romer identified strong patent rights, in particular, as imperative for sustained economic growth, because they incentivize the costly R&D necessary to develop transformative ideas.  Unlike many other standard economic goods, Romer distinguishes ideas as “nonrival” goods—that is, an idea does not experience diminishing returns the more other people use it.  As a result, without robust protections in place, someone who develops a successful new idea would not reap the full benefits of the numerous other users who copy the idea for their own advantage.  Patent rights are designed in part to address these “positive externalities” of innovation, so that the full range of benefits that flow from successful new technologies are more fully captured by the innovator.  A strong patent system thus helps ensure that innovators are properly rewarded for sharing their intellectual property—incentivizing its creation while driving technological progress and overall economic growth in the process.

In light of Romer’s findings, U.S. policymakers should be concerned as metrics indicate that the U.S. patent system is currently in the midst of a decline.  According to the U.S. Chamber of Commerce’s Global IP Index, the United States dropped to twelfth place worldwide in patent system strength in 2018, down from tenth last year and first place every year before that.  The 2018 Bloomberg Innovation Index also showed the U.S. falling out of the top ten most innovative countries for the first time since that Index began in 2013.

If the incentives to innovate in the United States indeed are weakening, innovators will be discouraged from investing in the costly and risky R&D necessary to create new technologies—jeopardizing the potential for long-term growth under Romer’s economic theory.

Photo of Holly Fechner Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of…

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

  • Develop compelling public policy strategies
  • Research law and draft legislation and policy
  • Draft testimony, comments, fact sheets, letters and other documents
  • Advocate before Congress and the Executive Branch
  • Form and manage coalitions
  • Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, “Dealmaker of the Year” award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USAAmerica’s Leading Business Lawyers from 2012 to the present. One client noted to Chambers: “Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters.” According to another client surveyed by Chambers, “Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone’s best work.”