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How Malleability Matters, Jason Rantanen
How Malleability Matters, Jason Rantanen
IP Theory
In The Malleability of Patent Rights1, I developed the concept that patent rights are malleable rather than static and fixed, distinguishing malleability from the idea that patent rights are merely uncertain. Malleability refers to the idea that the strength and scope of patent rights can be altered by the actors who interact with a patent well after it has issued. Patent law is full of mechanisms that allow for these post-issuance changes, yet there seems to be no good theoretical argument that supports malleability. At best, I concluded, the costs of malleability must be weighed against the doctrinal …
Formalism, Realism, And Patent Scope, Tun-Jen Chiang