Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Efficient Uncertainty In Patent Interpretation, Harry Surden
Efficient Uncertainty In Patent Interpretation, Harry Surden
Publications
Research suggests that widespread uncertainty over the scopes of issued patents creates significant costs for third-party firms and may decrease innovation. This Article addresses the scope uncertainty issue from a theoretical perspective by creating a model of patent claim scope uncertainty.
It is often difficult for third parties to determine the legal coverage of issued patents. Scope underdetermination exists when the words of a patent claim are capable of a broad range of plausible scopes ex ante in light of the procedures for interpreting patents. Underdetermination creates uncertainty about claim coverage because a lay interpreter cannot know which interpretation will …