Patents as Incomplete Contracts: Aligning Incentives for R&D Investment with Incentives to Disclose Prior Art

Abstract

In this Article we propose that viewing patents as incomplete contracts is a useful means to analyze the relationship between legal institutions of patent enforcement and investment in R&D.

Keywords

Contracts, Incentives (Business), Industrial research, Patent law, Prior art (Patent law)

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Authors

Jay P. Kesan (University of Illinois School of Law)
Marc Banik (Université du Québec à Montréal (UQAM))

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