期刊名称:Michigan Telecommunications and Technology Law Review
印刷版ISSN:1528-8625
出版年度:2007
卷号:13
期号:2
页码:457-470
出版社:University of Michigan Law School
摘要:I use intuition derived from several of my research papers to make three points. First, in the absence of a common law balancing test, application of uniform patentability criteria favors some industries over others. Policymakers must decide the optimal tradeoff across industries. Second, if patent rights are not closely related to the underlying inventions, more patenting may reduce R&D in industries that are both R&D and patent intensive. Third, the U.S. private innovation system has become far more decentralized than it was a generation ago. It is reasonable to inquire whether a patent system that worked well in an era of more centralized innovation functions as well for the more decentralized environment of today.
关键词:Patent Law; Uniformity; Industries; Research and development; Innovation; Patent system