The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …

insight, the property-based remedies that often flow from patent infringement can result in important distinctions between …

DOE is available at trial to expand patent scope and overcome these frictions. The friction theory suffers from three main …. Our explanation replaces the passive patent attorney depicted in the friction theory with an active inventor and attorney …The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the Patent Office. The …

We challenge the common wisdom that patent protection (compared to no or weak patent protection) makes the consumers … patent protection may encourage horizontal merger and affect the consumers adversely by increasing product …-market concentration compared to the situation with patent protection. Hence, even if we ignore the innovation inducing role of patent …

An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a …

Judicial decisions, agency actions and legislative enactments have promoted a creeping reversion toward the weak patent … choice between a “property rights” vision of the patent system in which resource allocation is principally directed by market … signals and an administrative vision of the patent system in which resource allocation is perpetually subject to adjustment by …

The US case Akamai Technologies Inc v Limelight Networks Inc brought the patent world's attention to the issue of if … ‘divided performance' issue in the Australian context, finding that, contrary to an earlier article, no patent infringement …, thereby, generate certainty for the myriad stakeholders who use the patent system …

In the context of the overall purpose of patent policy - to induce invention that would not otherwise occur and which … starts with assessing the evidence for the need for a patent system, considers who are the major beneficiaries of the patent … system and reviews the extent of judicial law-making on patent policy. In Australia the extension of the patent system to …

This paper rejects the fundamental "private law" premise of patent law remedies that courts should always attempt to … restore the status quo ante by making the patentee "whole" in the event of infringement. Instead, the patent system and its … optimizing innovation incentives. Such an approach mandates significant changes in the structure of patent remedies. For example …