Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint

Published in print January 2012 | ISBN: 9780199738830
Published online May 2012 | e-ISBN: 9780199932702 | DOI:

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This chapter offers a few proposals for making the process of innovating more free and competitive. Among these are that the patenting process must reject more patent applications for lack of technological concreteness or obvious subject matter; patentees must have increased obligations to provide notice; injunctive relief should presumptively be denied for unpracticed patents; dominant firm patent acquisitions should be limited to nonexclusive licenses; infringement plaintiffs must show the correct type of injury; and copyrights should have short but renewable terms.

Keywords: innovation; patenting process; injunctive relief; patents; patent infringement; copyrights

Chapter.  4229 words. 

Subjects: Competition Law

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