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William & Mary Law School

Property Rights

Intellectual Property Law

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Full-Text Articles in Law

Third-Party Interests And The Property Law Misfit In Patent Law, Sarah Rajec Jun 2020

Third-Party Interests And The Property Law Misfit In Patent Law, Sarah Rajec

Faculty Publications

Courts and scholars have long parsed the characteristics of patent grants and likened them, alternately, to real or personal property law, monopolies, public franchises and other regulatory grants, or a hybrid of these. The characterizations matter, because they can determine how patents are treated for the purposes of administrative review, limitations, and remedies, inter alia. And these varied treatments in turn affect incentives to innovate. Patents are often likened to real property in an effort to maximize rights and allow inventors to internalize all of the benefits from their activities. And courts often turn first to real property analogies when …


How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann Nov 2009

How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann

William & Mary Law Review

No abstract provided.