[DOWNLOAD] "Restricting Experimental Use. (In Patent Licensing)" by Harvard Journal of Law & Public Policy ~ Book PDF Kindle ePub Free

July 07, 2021

eBook details

Title: Restricting Experimental Use. (In Patent Licensing)
Author : Harvard Journal of Law & Public Policy
Release Date : January 22, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 367 KB

Description

Denying patent holders extensive control over experimental use of their technologies has been widely lauded as an essential facilitative component of the innovative process, one that is to be enthusiastically embraced and expanded. If one posits the cumulative nature of innovation, the possibility of irrational holdout, and the view that patents are awarded in return for the disclosure of valuable information, widespread support for an expansive construction of the doctrine is unsurprising. The position flows naturally from a liability-based conception of intellectual property. Yet the Federal Circuit has taken a position diametrically opposed to the majority view, limiting the experimental use doctrine to a degree that essentially renders it inoperable. This Article considers the normative foundation of the Federal Circuit's restriction and, in contrast with the prevailing academic view, concludes that it is entirely desirable. Bestowing patent holders with exclusive rights over experimental use facilitates Coasian bargaining in what is likely to be a low transaction costs environment and, more important still, is likely to enhance dynamic efficiency. Scholarship expressing a contrary view tends to place unwarranted focus on an "incentive to disclose" theory of patent rights, a theory which this Article demonstrates is neither plausible nor justified.