State of Innovation

Patents and Innovation Economics

The Myth that Patents are a Monopoly

A patent gives the holder the right to exclude others from making, using or selling the invention.  35 USC 154.  It does not give the holder the right to make, use or sell their invention.  A monopoly is an exclusive right to a market, such as an electric utility company.  An electric utility company has the exclusive right to sell electricity in a certain territory.  Since a patent does not even given the holder the right to sell their invention, let alone an exclusive right to a market, it is clearly not a monopoly.  Read more »

May 31, 2009 Posted by dbhalling | -Law, -Philosophy, Patents | , , | 2 Comments