This review surveys recent research on the economics of patents. The topics covered
include theoretical and empirical evidence on patents as incentives for innovation, the …

This chapter surveys and synthesizes the deepening and widening theoretical landscape of
intellectual property. Not surprisingly, the principal philosophical theory applied to the …

Intellectual property protection in the United States has always been about generating
incentives to create. Thomas Jefferson was of the view that"[i] nventions... cannot, in nature …

I have a colleague in practice who claims that as a trade secrets lawyer, his job is to"
prosecute thieves and defend entrepreneurs." For a lawyer in private practice, determining …

Courts and commentators often treat intellectual property as if the private value of the rights
stemmed entirely from the control legal rules conferred over the protected subject matter …

The standard justification for intellectual property is ex ante: the goal of intellectual property
is to influence behavior that occurs before the right comes into being. It is the prospect of the …

The Supreme Court's 2oo6 decision in eBay v. MercExchange is widely regarded as one of
the most important patent law rulings of the past decade. Historically, patent holders who …

Trade secret law is an anomaly in intellectual property. It focuses on relationally specific
duties and imposes liability only when the means of appropriation is wrongful, where …

This Essay challenges the conventional law and economics account of intellectual property.
The Essay combines supply-side and demand-side considerations and develops a theory …

See BERNARD BARBER, SCIENCE AND THE SOCIAL ORDER 95 (1953). Because basic
research is relatively theoretical in nature, a significant period of time may elapse before …