Cognitive Economy and the Trespass Fallacy: A Response to Professor Mossoff

65 Fla. L. Rev. Online 38 (2014)

4 Pages Posted: 16 May 2014

See all articles by Saurabh Vishnubhakat

Saurabh Vishnubhakat

Texas A&M University School of Law; Duke University School of Law

Date Written: May 14, 2014

Abstract

In his recent essay The Trespass Fallacy in Patent Law, Professor Adam Mossoff argues cogently that the metaphor of trespass has become a misused basis for patent indeterminacy critiques that it cannot conceptually or empirically support. While sharing his caution that metaphors are not to be trifled with, this reply suggests that trespass has both a smaller role and a larger potential benefit in the debate on patent indeterminacy, and advances an opposite solution.

Keywords: intellectual property, property, patent, trespass, notice, indeterminacy

Suggested Citation

Vishnubhakat, Saurabh, Cognitive Economy and the Trespass Fallacy: A Response to Professor Mossoff (May 14, 2014). 65 Fla. L. Rev. Online 38 (2014), Available at SSRN: https://ssrn.com/abstract=2437153

Saurabh Vishnubhakat (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Duke University School of Law

Durham, NC

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