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Full-Text Articles in Law
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Robert P Merges
No abstract provided.
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Robert P Merges
No abstract provided.
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
Robert P Merges
No abstract provided.
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez
Christopher McElwain
Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …
Antitrust And The Patent System: A Reexamination, Herbert J. Hovenkamp
Antitrust And The Patent System: A Reexamination, Herbert J. Hovenkamp
All Faculty Scholarship
Since the federal antitrust laws were first passed they have cycled through extreme positions on the relationship between competition law and the patent system. Previous studies of antitrust and patents have generally assumed that patents are valid, discrete, and generally of high quality in the sense that they further innovation. As a result, increasing the returns to patenting increases the incentive to do socially valuable innovation. Further, if the returns to the patentee exceed the social losses caused by increased exclusion, the tradeoff is positive and antitrust should not interfere. If a patent does nothing to further innovation, however, then …
Inventing The Classical Constitution, Herbert J. Hovenkamp
Inventing The Classical Constitution, Herbert J. Hovenkamp
All Faculty Scholarship
One recurring call over a century of American constitutional thought is for return to a "classical" understanding of American federal and state Constitutions. "Classical" does not necessarily mean "originalist" or "interpretivist." Some classical views, such as the attempt to revitalize Lochner-style economic due process, find little support in the text of the federal Constitution or any of the contemporary state constitutions. Rather, constitutional meaning is thought to lie in a background link between constitution formation and classical statecraft. The core theory rests on the assumption of a social contract to which everyone in some initial position agreed. Like any contract, …
The Rule Of Reason And The Scope Of The Patent, Herbert J. Hovenkamp
The Rule Of Reason And The Scope Of The Patent, Herbert J. Hovenkamp
All Faculty Scholarship
For a century and a half the Supreme Court has described perceived patent abuses as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, has been applied to both government and private activity and has many different meanings. It has been used offensively to conclude that certain patent uses are unlawful because they extend beyond the scope of the patent. It is also used defensively to characterize activities as lawful if they do not extend beyond the patent's scope. In the first half of the twentieth century the …