Rethinking Patent Law in the Administrative State
Orin S. Kerr
George Washington University - Law School
July 2, 2008
GWU Law School Public Law Research Paper No. 416
William & Mary Law Review, Vol. 42, 2000
This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics of patent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.
Number of Pages in PDF File: 69
Keywords: patent law
JEL Classification: K1Accepted Paper Series
Date posted: July 7, 2008
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