Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Exclusionary And Diffusionary Levers In Patent Law, Colleen Chien
Exclusionary And Diffusionary Levers In Patent Law, Colleen Chien
Faculty Publications
The patent system is built on the premise that exclusion leads to innovation. But a mounting body of evidence calls into question the assumption that “innovation by exclusion” – innovation based on excluding rivals– is the only, or even primary, way innovation happens today: nearly 50% of manufacturers got the idea for their most important new product from an outside source that shared it with them, 45-60% of patentees acquire patents to access the technology of others, and over 1,300 companies, including five of the ten top holders of patents, have pledged to share their patents with others. But because …
The History And Future Of E-Commerce Patents, Dennis D. Crouch, Mitchell L. Terry
The History And Future Of E-Commerce Patents, Dennis D. Crouch, Mitchell L. Terry
Faculty Publications
The past two decades have seen a great rise in the patenting of e-commerce inventions. Now, those same patents are taking an equally great fall. In a series of four recent cases, the U.S. Supreme Court has shifted the doctrine of patent eligibility and, in the process, raised the bar for e-commerce and software patents - making it more difficult to obtain and enforce those types of patents.