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Professor Rutschman on "Subpatentable" Subject Matter

by John Cannan on 2024-06-04T15:58:00-04:00 in Intellectual Property | 0 Comments

Professor Ana Santos Rutschman and co author, Duke Professor Jerome H. Reichman,  contend the conventional binary approach of intellectual property rights inadequately addresses innovation falling short of patent standards. They suggest that the current system, which favors exclusivity or free competition, fails to incentivize investment in subpatentable innovation, leading to missed opportunities and stifled competition. Proposing a novel solution, they advocate for an intermediate form of protection, akin to liability rules, to balance innovation incentives without overly restricting competition, thus paving the way for a more dynamic and inclusive intellectual property regime.  Read all about it in A Codified Liability Regime to Stimulate Greater Investment in Subpatentable Innovation, 57 UC DAVIS L. REV. 2027 (2024).

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