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Creation without RestraintPromoting Liberty and Rivalry in Innovation$
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Christina Bohannan and Herbert Hovenkamp

Print publication date: 2012

Print ISBN-13: 9780199738830

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199738830.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 July 2021

Epilogue

Epilogue

Chapter:
(p.395) Epilogue
Source:
Creation without Restraint
Author(s):

Christina Bohannan

Herbert Hovenkamp

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199738830.003.0015

This chapter offers a few proposals for making the process of innovating more free and competitive. Among these are that the patenting process must reject more patent applications for lack of technological concreteness or obvious subject matter; patentees must have increased obligations to provide notice; injunctive relief should presumptively be denied for unpracticed patents; dominant firm patent acquisitions should be limited to nonexclusive licenses; infringement plaintiffs must show the correct type of injury; and copyrights should have short but renewable terms.

Keywords:   innovation, patenting process, injunctive relief, patents, patent infringement, copyrights

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