02-united states patent philosophy
DESCRIPTION
TRANSCRIPT
• Limited monopoly
• Granted by the Government
• Right to exclude others
• From making, using or selling
Patents
• Is property right
• Is not a right to practice
• May be worthless
A Patent
• Profit incentive for research and development investment
• Profit incentive for production costs
• Full disclosure to public as building block for further innovation
A Patent Provides
• Is expensive to obtain, thereby inherently classist
• Fuels litigation, which is a drain on production resources
• Restricts free trade, both literally and via chilling effect of litigation fears
• Impairs productivity when held by non-practicing entities (trolls)
• Restricts access to technology, including diagnostics and medicines
A Patent is a Monopoly, which
Department of Commerce (Patent Laws)
versus
Department of Justice(Sherman Antitrust Laws)
Of Trusts and Anti-Trusts
• Patents are popular when the economic atmosphere is optimistic (steam engine, genetic engineering, dot coms)
• Antitrust is popular when the economic atmosphere is pessimistic and people are suffering (great depression, now, eg. pharmaceutical prices)
Monopoly Law is Fashion and Fad
The balance is always shifting
Patents Antitrust
Questions?
Please Ask!
Thank you to Ms. Jenna Cogswell at MST who helped prepare these slides!
Contact us at [email protected] or 419.255.5900 for permission to use these slides, or to ask questions. We are happy to let others use these slides, but we would like to know who they helped.