Private Protection of Patentable goods

Name: Private Protection of Patentable goods
Cite: 25 Cardozo L. Rev. 1251
Year: 2004
Bluebook cite: Jonathan M. Barnett, Private Protection Of Patentable Goods, 25 Cardozo L. Rev. 1251 (Mar. 2004)
Author: Jonathan M. Barnett
URL: 25 CDZLR 1251
Item Type: article
Summary: This Article proceeds as follows. In Part I, I describe existing evidence regarding the use of private protection mechanisms in industries producing goods that are generally eligible for patent protection. In Part II, I explore the implications of this body of evidence for the standard incentives theory of patent protection. In Part *1257 III, I propose the market-entry thesis as an alternative theory of patent protection. I also address the principal objection to this thesis posed by the prevalence of patenting among large, incumbent firms. In Part IV, I derive some preliminary policy implications from the market-entry thesis and also consider a possible extension of this Article's thesis to co-pyrightable goods and its more general implications for the analysis of intellectual property law.

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