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Florida State University College of Law

Patent infringement

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Negligent Innovation, Oskar Liivak Apr 2021

Negligent Innovation, Oskar Liivak

Florida State University Law Review

Innovation is the buzzword of our time. Everyone wants to be an innovator. Corporations strive to be innovative. All this hype is good. Technological innovation is accepted as the single most important driver of economic growth. We should be obsessed with innovation. As such, it is not at all surprising that innovation and technological commercialization lie at the heart of justifications for the patent system. But there is something quite odd about these theories and indeed with our patent system: they never actually require innovation. A patentee is not obligated to take on the risky work of development and commercialization. …


Negligent Innovation, Oskar Liivak Apr 2021

Negligent Innovation, Oskar Liivak

Florida State University Law Review

Innovation is the buzzword of our time. Everyone wants to be an innovator. Corporations strive to be innovative. All this hype is good. Technological innovation is accepted as the single most important driver of economic growth. We should be obsessed with innovation. As such, it is not at all surprising that innovation and technological commercialization lie at the heart of justifications for the patent system. But there is something quite odd about these theories and indeed with our patent system: they never actually require innovation. A patentee is not obligated to take on the risky work of development and commercialization. …