TY - UNPB

T1 - Patent=Monopoly: A Legal Fiction

AU - Bostyn, Sven

AU - Petit, Nicolas

PY - 2014/1/2

Y1 - 2014/1/2

N2 - A patent right is an exclusionary right. With it, the patent holder can exclude third parties from making, using, selling, etc. products or processes protected by his patent. In the past, this right has also been referred to as a 'monopoly right' and this has lead to considerable confusion about the scope of patent rights and the role of the patent system in a modern economy. This paper seeks to provide some clarity on this issue and highlight the distinction between the exclusionary right granted by patent law and the notion of monopoly in economic regulation.

AB - A patent right is an exclusionary right. With it, the patent holder can exclude third parties from making, using, selling, etc. products or processes protected by his patent. In the past, this right has also been referred to as a 'monopoly right' and this has lead to considerable confusion about the scope of patent rights and the role of the patent system in a modern economy. This paper seeks to provide some clarity on this issue and highlight the distinction between the exclusionary right granted by patent law and the notion of monopoly in economic regulation.

KW - Patent

KW - monopoly

KW - IP

KW - antitrust

KW - exclusionary right

KW - innovation

KW - power over price

U2 - 10.2139/ssrn.2373471

DO - 10.2139/ssrn.2373471

M3 - Working paper

BT - Patent=Monopoly: A Legal Fiction

ER -