Download this Paper Open PDF in Browser

American Innovation and the Limits of Patent Law: A Response to William Hubbard, Competitive Patent Law

65 Florida Law Review Forum 23 (2013)

6 Pages Posted: 3 May 2014  

Christopher B. Seaman

Washington and Lee University School of Law

Date Written: February 1, 2014

Abstract

In his recent article Competitive Patent Law, Professor William Hubbard makes a valuable contribution regarding an underexplored aspect of patent law’s ability to encourage innovation — namely, “whether U.S. patent law can be tailored to provide U.S. innovators with enhanced incentives to invent” compared to foreign rivals, and thus by extension make American firms more competitive in the global marketplace. This brief response addresses three aspects of Professor Hubbard’s thoughtful and well-written article. First, it critiques the article’s contention that the United States is currently facing an “innovation gap.” Second, it critically evaluates the claim that patent law can play a meaningful role in enhancing innovation and thus competitiveness. Finally, it discusses several non-patent-law approaches, including prizes, tax credits, and math and science education, that can help foster the “innovation culture” advocated by Professor Hubbard.

Keywords: innovation, patent, competition

JEL Classification: K10, O30, O31, O34

Suggested Citation

Seaman, Christopher B., American Innovation and the Limits of Patent Law: A Response to William Hubbard, Competitive Patent Law (February 1, 2014). 65 Florida Law Review Forum 23 (2013). Available at SSRN: https://ssrn.com/abstract=2431767

Christopher B. Seaman (Contact Author)

Washington and Lee University School of Law ( email )

Lexington, VA 24450
United States
540-458-8520 (Phone)

Paper statistics

Downloads
49
Abstract Views
416