Damages For Infringement Of Research Tool Patents: The Reasonableness Of Reach Through Royalties

Topics:
Incorporation
Tags:
Innovation,
Leadership,
Management,
Patent,
Patent Holder,
Productivity,
Stanford Knowledgebase,
Strategy,
Tool
Source:
Stanford Knowledgebase

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Overview: This paper discusses two ways in which the objective of the patent system to encourage innovation can be advanced. The first way is to compensate patent holders for acts of infringement; the second is to prevent ownership of a single area of intellectual property by multiple individuals. Compensating patent holders for economic injuries they suffer due to infringement assures them their reward for innovation will be protected, and encourages them to take risks in innovation. Thus, discoveries made by infringing uses of patented research tools that infringers would have paid to use in anticipation of making those discoveries might entitle patent holders to damages awards that reach through to infringers' profits from the discoveries.

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Format: HTML | Date: Jan 2003 | Pages: 1


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