Conditionally Exclusive Patent Rights and the Patent Clause of the Constitution

Vonneuman, Nicholas A.

doi:10.2307/837091

Cited by 2 publications

(1 citation statement)

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“…This change would result in increased levels of useful disclosure of the existence of patented information and provide a starting point for mitigating the uncertainty associated with patent thickets (Shapiro, 2000;Fromer, 2016). To incentivise patentees to use VPMs in this way, they could act as evidence of commercialisation or other usage (Vonneuman, 1956;Trimble, 2016) which may be rewarded in the form of discounted maintenance fees, a stronger case in infringement litigation, or other benefits. One particular use case is the use of DLT-based VPMs for proving version history of patent marking websites-there is currently no requirement to keep these records, but they could be crucial when attempting to claim damages on a marked item in a litigation case.…”

Section: Virtual Patent Markingmentioning

confidence: 99%

Decentralising the Patent System

Rassenfosse

Higham

2019

SSRN Journal

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This paper proposes a substantive rethink of the modern patent system. The patent system has come under intensive criticism in the past, and many scholars have proposed ways to improve it. Ideas for improvement include, e.g., prior-art bounties, contracting out examination and dynamic fee setting. However, many of these ideas have gone unheeded due to the cost of administering them and the rigidity of the patent system. We explore how distributed ledger technologies enable these major changes.

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Section: Virtual Patent Markingmentioning

confidence: 99%