Inequitable Conduct and Patent Misuse
Research Handbook on the Economics of Intellectual Property Law, P. Menell, D. Schwartz & B. Depoorter (eds), Edward Elgar Publishing, Forthcoming
35 Pages Posted: 17 Dec 2015 Last revised: 20 Nov 2016
Date Written: December 15, 2015
Most conceptions of the patent law envision a system of rules that seek to balance private rights against public interests that include promoting innovation, removing impediments to competition, and making new and useful information broadly available. Here, we review recent insights into two patent doctrines that are deeply infused with this tension: inequitable conduct and patent misuse.
Keywords: Patent, Empirical Studies, Inequitable Conduct, Misuse, Antitrust, Review, Equity
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