Document Type

Article

Publication Date

2011

Disciplines

Intellectual Property Law | Jurisprudence | Law

Abstract

Over the past decade or more, a rising sense of dissatisfaction with patent law has begun to creep across the patent community. A number of factors no doubt have contributed to this sense of dissatisfaction, among them the perception that patents are too often being enforced by “trolls” (if you don’t like them) or “nonpracticing entities” (if you want to remain neutral). Professor Parchomovsky and Mr. Mattioli propose a solution in which they create two new forms of patent protection that they call “quasi-patents” and “semi-patents” – or generically, “partial patents.” Partial patents are designed to be cheaper to obtain than existing alternatives, but an owner of a quasi-patent would be able to enforce that patent only against direct competitors, whereas in the case of a semi-patent, an inventor would have heavier burdens of disclosure.

Comments

This article originally appeared in 111 Colum. L. Rev. Sidebar 151 (2011). Reprinted by permission.

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