Partial Patents

47 Pages Posted: 18 Nov 2012 Last revised: 26 Jan 2013

See all articles by Gideon Parchomovsky

Gideon Parchomovsky

University of Pennsylvania Law School

Michael Mattioli

Indiana University Maurer School of Law

Date Written: 2011

Abstract

In this Article, we propose a way to improve the workings of the patent system. Unlike most extant reform proposals that focus on the USPTO and the Federal Circuit and the procedures they employ, our proposal is concep- tual in nature. We introduce two new intellectual property forms — “quasi- patents” and “semi-patents.” Both forms are designed to mitigate the social costs of traditional patents by increasing the use and availability of new inventions and research information. Quasi-patents, as we define them, would avail only against direct business competitors of the inventor, but not against anyone else. Semi-patents would have the same scope as traditional patents, but their grant would be conditioned on an applicant’s consent to publish all research information pertaining to the protected invention. These two new forms would complement, and not replace, traditional patents. They would impose minimal administrative costs and would be compatible with most extant proposals to reform the patent system. Together, quasi-patents and semi-patents could mitigate the costs of traditional patents on subsequent inventors and thus open the path for more innovation.

Suggested Citation

Parchomovsky, Gideon and Mattioli, Michael, Partial Patents (2011). Columbia Law Review, Vol. 111, p. 207, 2011. Available at SSRN: https://ssrn.com/abstract=2047870

Gideon Parchomovsky

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-1603 (Phone)

Michael Mattioli (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

HOME PAGE: http://www.michaelmattioli.org

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