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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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(p.395) Epilogue
Creation without Restraint

Christina Bohannan

Herbert Hovenkamp

Oxford University Press

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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