A study examines how trademark and copyright law deal with innovations may evolve into widely needed infrastructure. Intellectual property law is premised on the idea that granting exclusive rights to specific creations, such as particular brand names, expressions, or technical designs, will promote progress. The study makes three principal contributions. First, it extends previous work to elaborate an infrastructure-based theory of productivity that spans trademark, copyright, and patent law. In so doing, it argues that infrastructure plays a critical role in delineating the appropriate boundary between protectable and nonprotectable subject matter throughout intellectual property law. Second, the study provides a social account of the evolution of intellectual infrastructure, and it reveals how trademark and copyright law dynamically accommodate this evolution while patent law does not. Third, having identified this deficiency in patent law, this study offers a solution. Specifically, it draws from the Supreme Court's recent decision in eBay Inc. v. MercExchange to propose a case-specific social feedback mechanism for liberalizing access to patented infrastructure.