Conventional wisdom suggests that when institutional logics overlap, the production of
hybrids signifies collapse, blending, or easy coexistence. The author provides an alternative …

There is growing concern that the innovation system's ability to create wealth and attain
social benefit is declining in effectiveness. This article explores the reasons for this decline …

In his 2012 State of the Union address, President Barack Obama argued for robust federal
funding of scientific research, stating," Innovation... demands basic research. Today, the …

Harvard Journal ofLaw & Technology Adam Mossoff* B. The Legal Realists' Use of Patents in
Reconceptualizing C. The Genesis o Page 1 Harvard Journal ofLaw & Technology Volume …

The incentive thesis for patents is challenged by the existence of alternative means by which
firms can capture returns on innovation. Taking into account patent alternatives yields a …

Those who possess property for a limited time tend to exercise less care with it than do those
who expect to own the property in perpetuity. For example, an individual renting a car may …

In his influential article Contracting into Liability Rules: Intellectual Property Rights and
Collective Rights Organizations, Robert Merges made the case that intellectual property (IP) …

Recent scholarship highlights the prevalence in high-technology industries of vertical
disintegration, in which separate entities along a value chain transfer knowledgeintensive …

The requirement of nonobviousness, codified in 35 USC § 103, has been called" the
ultimate condition of patentability" because of its crucial function of keeping technically trivial …

This analysis has a number of implications. For example, it has long been thought that the
coordination function requires granting broader patent rights and doing so at an earlier point …