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Patent=Monopoly: A Legal Fiction

Sven Bostyn

University of Liverpool - School of Law

Nicolas Petit

University of Liege - School of Law

December 31, 2013

A patent right is an exclusionary right. With it, the patent holder can exclude third parties from making, using, selling, etc. products or processes protected by his patent. In the past, this right has also been referred to as a 'monopoly right' and this has lead to considerable confusion about the scope of patent rights and the role of the patent system in a modern economy. This paper seeks to provide some clarity on this issue and highlight the distinction between the exclusionary right granted by patent law and the notion of monopoly in economic regulation.

Number of Pages in PDF File: 19

Keywords: Patent, monopoly, IP, antitrust, exclusionary right, innovation, power over price

JEL Classification: K21; L4; O31; O34; 038

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Date posted: January 2, 2014 ; Last revised: January 9, 2014

Suggested Citation

Bostyn, Sven and Petit, Nicolas, Patent=Monopoly: A Legal Fiction (December 31, 2013). Available at SSRN: http://ssrn.com/abstract=2373471 or http://dx.doi.org/10.2139/ssrn.2373471

Contact Information

Sven Bostyn
University of Liverpool - School of Law ( email )
Liverpool, L69 7ZA
United Kingdom
Nicolas Petit (Contact Author)
University of Liege - School of Law ( email )
B-4000 Liege
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