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Patent Licensing, Technology Transfer, & Innovation, Robin C. Feldman, Mark A. Lemley
Patent Licensing, Technology Transfer, & Innovation, Robin C. Feldman, Mark A. Lemley
Robin C Feldman
Traditional justifications for patents are all based on direct or indirect contribution to the creation of new products. Patents serve the social interest if they provide not just invention, but innovation the world would not otherwise have. Non-practicing entities (NPEs) as well as product-producing companies can sometimes provide such innovation, either directly, through working the patent or transfer of technology to others who do, or indirectly, when others copy the patented innovation. The available evidence suggests, however, that patent licensing demands and lawsuits from NPEs are normally not cases that involve any of these activities.
Some scholars have argued that …