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Patent Law

: Patent Docs

This Just In -- The Anti-commons Aren't So Tragic

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- The problem, according to the academics and the pundits, is that patent exclusivity in certain areas (such as gene patents) would result in a "tragedy of the anti-commons," inhibiting innovation. One of the many manifestations of this tragedy, according to such august bodies as the National Academy of Science and the Federal Trade Commission, was expected to be an increase in litigation as patentees protected their exclusive rights. A related issue is the exposure to patent infringement liability for university researchers in the aftermath of the Madey v. Duke case, where the Federal Circuit ruled...

Full post as published by Patent Docs on April 13, 2010 (boomark / email).

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