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Antitrust and the Patent System: A Reexamination

Herb Hovenkamp

In this article, Professor Hovenkamp first examines antitrust and patent law as regulatory institutions with legislative mandates to regulate in their given areas, but subject to limitations that all regulatory institutions face — namely, high cost, imperfect information, and special interest capture.  Among many other things, he develops a set of rules for evaluating specific disputes that implicate both antitrust and the patent system, focusing mainly on the difference between pre-issuance patent conduct, which is intensely regulated, and post-issuance conduct; as well as the differences between practices that are expressly authorized by the Patent Act and those that are not.  To read the article, click here and then press the “download this paper” button.

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