The Role of Antitrust in Preventing Patent Holdup

The Role of Antitrust in Preventing Patent Holdup
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ISBN-10 : OCLC:1375412064
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Book Synopsis The Role of Antitrust in Preventing Patent Holdup by : Carl Shapiro

Download or read book The Role of Antitrust in Preventing Patent Holdup written by Carl Shapiro and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested interest in denying its existence have spent tens of millions of dollars trying to debunk it. Notwithstanding a barrage of political and academic attacks, both the general theory of holdup and its practical application in patent law remain valid and pose significant concerns for patent policy. Patent and antitrust law have made significant strides in the past fifteen years in limiting the problem of patent holdup. But those advances are currently under threat from the Antitrust Division of the Department of Justice, which has reversed prior policies and broken with the Federal Trade Commission to downplay the significance of patent holdup while undermining private efforts to prevent it. Ironically, the effect of the Antitrust Division's actions is to create a greater role for antitrust law in stopping patent holdup. We offer some suggestions for moving in the right direction.


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