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The Danger Of Underdeveloped Patent Prospects, Michael B. Abramowicz
The Danger Of Underdeveloped Patent Prospects, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
Commentators have long recognized that much of the work of commercializing an invention occurs after a patent issues. They have not recognized, however, that by the time market conditions make commercialization potentially attractive, the remaining patent term might be sufficiently short such that a patentee will not develop an invention to the extent that the patentee would if more patent term remained. This concern about patent underdevelopment provides a counterweight to patent prospect theory, which urges that patents be issued relatively early in the invention process. While the patent system reduces this risk by requiring a substantial degree of achievement …