Intellectual property scholars have vigorously debated the merits of patents versus prizes for encouraging innovation, with occasional consideration of government grants. But these are not the only options. Perhaps most significantly, the patents-versus-prizes (or...

Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is likely invalid. Antitrust has come to embrace a policy that requires horizontal settlements to be "proportional" in the sense that their anticompetitive effects are commensurate...

When rivals settle a patent dispute, they prefer to preserve the full monopoly profit, even if the patent is very likely invalid. The literature advocates comparing settlement outcomes to the expected result of litigation, but has not identified a comprehensive means of doing this. We show that...

In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido Calabresi and A. Douglas Melamed proposed an analytic framework for comparing entitlements protected by property rules and liability rules. Their article has become one of the...

The social and cultural dimensions of intellectual property frameworks are significant subject matter of intellectual examination and investigation and the economic impact of patents on development and local infrastructures is of significant concern. However, the cultural impact of patent law is...

This Article addresses a problem that has attracted significant attention from patent scholars: the potential for patents on research tools - technological products and processes that are critical inputs of scientific experimentation - to inhibit basic scientific research. The Article first...

This Note applies the concept of "paradigm shifts" from the history and philosophy of science to describe how patents on biomedical research tools - inputs to basic research - can create conditions conducive to fundamental advances in scientific theory. Patents on research tools can prevent...

Many scholars have wrestled with what I call the “first-order question” in patent law: What policies should we adopt to promote innovation? This article grapples with the second-order question: What policies should we adopt to promote innovation about promoting innovation? I argue that...

The purpose of this study is to present a unique database on commercialized patents and to illustrate how it can be used to analyze the commercialization process of patents. The dataset is based on a survey of Swedish patents owned by inventors and small firms with a remarkably high response...

Which kind of intellectual property regime is more favorable to innovation: one that enforces patents or one that does not? Economic theory is unable to answer this question, as valid arguments can be made both for and against patents; hence we must turn to empirical evidence. In this paper, we...