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Patent Law and Theory


The Development of an Expectations Theory of Patent Law by ...

This thesis creates a new theory of patent law. It examines John Locke's theory of private property from the 1600's, then uses the ...

Theories of Intellectual Property Rights - IP Matters

The theory contends that intellectual property is the physical manifestation of one's personhood and hence the creator must be enabled to ...

Physicalism and Patent Theory - Scholarship@Vanderbilt Law

Many recent patent law discussions concern patent holders that are not producing the patented invention.1 Instead, these patentees choose to only assert their ...

American Patent Law: Liberal and Republican Theories of ...

Thus, the theory of path dependency appears too simplistic to provide a thorough understanding of the ideological meaning embedded in patent law ...

Lecture 01 - The History and Theory of Patents - YouTube

This lecture discusses the historical origins of patent law -- both abroad and in the US -- and then explores the theories unpinning the ...

Policy Levers in Patent Law - Journal Article

As a practical matter, it appears that although patent law is technology-neutral in theory, it is technology-specific in application. The differential ...

In Search of a Suitable Theoretical Justification for Patent Rights

the best explanation for the development of inventions is the socio-centric theory of invention. If inventions are socio-centric, it follows ...

"The Replicability Crisis in Patent Law" by Janet Freilich

Irreplicable patents may not do this. In short, there is a fundamental mismatch between patent law's theory and doctrine, which treat patents as ...

Towards an Integrated Theory of Intellectual Property

This Article addresses a curious gap in the theory of intellectual property. One of the central dogmas in both the legal and economic literatures is that ...

Expanding the Theoretical Framework for Patent Law Analysis - CORE

The most common justification for the patent system is the “incentive to invent” theory, according to which in a world without patents, inventors would lack an.

The Nature and Function of the Patent System - NYU Law

The classic work is Arnold Plant, The Economic Theory Concerning Patents for. Inventions, 1 Economica 30 (1934), reprinted in Arnold Plant, ...

Patent Law Program - Mitchell Hamline

Revealing the connection between theory and practice. Patent law blends disparate and challenging concepts, such as property theory, law-and-economics, and ...

A Crisis of Faith & the Scientific Future of Patent Theory

See generally Oskar Liivak & Eduardo. Pefialver, The Right Not to Use in Property and Patent Law, 98 CORNELL L. REV. 1437 (2013). 14 Lemley, supra note 3, at ...

"Physicalism and Patent Theory" by Christopher A. Cotropia

United States patent law's view on the need for a physical embodiment of the invention, and the continued production and use of an embodiment, ...

"An Expectations Theory of Patent Law" by Jason D. Newman

Abstract This thesis reviews the Lockean justification of private physical property as an explanation for patent “property,” identifies its weaknesses, ...

Expressive Incentives in Intellectual Property - Stanford Law School

and patent law. 23. According to utilitarian theory, copyright law provides the incentive of exclusive rights for a limited duration to authors ...

"Rethinking the Prospect Theory of Patents" by John F. Duffy

... patent rights in terms of property, competition, and natural monopoly theory ... (2004) "Rethinking the Prospect Theory of Patents," University of Chicago Law ...

Introduction to Intellectual Property: Theory and Practice, Second ...

Introduction to Intellectual Property: Theory and Practice is a comprehensive and authoritative guide to IP covering all aspects of IP law ...

Theories of Patent Protection | PDF | Invention - Scribd

(1) There are several theories about patents, including that a patent is a natural right of the inventor to own and profit from their invention, ...

Beyond Incentives: Expanding the Theoretical Framework for Patent ...

Economic theories dominate patent law and policy. In evaluating patent law rules, scholars and policy makers typically weigh the effects of such ...