Administrative Law Issues

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

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

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)

How to Cite: Kesan, J. & Banik, M. (2000) “Patents as Incomplete Contracts: Aligning Incentives for R&D Investment with Incentives to Disclose Prior Art”, Washington University Journal of Law and Policy. 2(1).