Non-Overlapping Rights: A Patent Misconception

European Intellectual Property Review, Vol. 32, No. 2, 2010

U of Melbourne Legal Studies Research Paper No. 477

39 Pages Posted: 1 Jul 2010

See all articles by Andrew F. Christie

Andrew F. Christie

Melbourne Law School

Chris Dent

Murdoch University - School of Law

Abstract

Economists have called for the patent system to preclude the grant of overlapping patent rights. However, the literature is silent on what constitutes an overlap of patent rights and on whether any overlap is legally permissible. This article identifies the existence, and determines the validity and consequences, of overlapping patent rights. It finds that there are various types of overlap, and that each type is legally permissible subject to certain conditions. The authors conclude that where overlap is permitted, it should not be considered problematic.

Keywords: patents, overlapping rights

JEL Classification: K00, K19, K39

Suggested Citation

Christie, Andrew F. and Dent, Chris, Non-Overlapping Rights: A Patent Misconception. European Intellectual Property Review, Vol. 32, No. 2, 2010; U of Melbourne Legal Studies Research Paper No. 477. Available at SSRN: https://ssrn.com/abstract=1633232

Andrew F. Christie (Contact Author)

Melbourne Law School ( email )

University of Melbourne
Melbourne, Victoria 3010
Australia

HOME PAGE: http://www.andrewchristie.com

Chris Dent

Murdoch University - School of Law ( email )

United States

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