A Patent Misperception

47 Pages Posted: 5 Aug 2011 Last revised: 2 Oct 2020

See all articles by Elizabeth I. Winston

Elizabeth I. Winston

Catholic University of America (CUA) - Columbus School of Law

Date Written: August 4, 2011


Antitrust and intellectual property laws promote innovation and competition. As long as the costs of promotion do not exceed the benefit to society, then the laws act in harmony. Discord arises when patent holders use public and private ordering to restrain competition, restrict downstream trade, prevent the development of competing products and limit output by competitors. Using the Patent Act and the misperception of antitrust immunity to create a parallel and under-regulated legal system allows a small number of patent holders to coordinate their behavior to maximize profits and minimize competition. The Patent Act provides no shield to prosecution for antitrust violations - such is a patent misperception only. Harmony comes from balancing the costs of protection with the benefit to society. Innovation is best protected through the protection of intellectual property rights and the protection of competition.

Keywords: patent, antitrust, license, contract, agriculture, genetically modified, gm, transgenic

Suggested Citation

Winston, Elizabeth I., A Patent Misperception (August 4, 2011). CUA Columbus School of Law Legal Studies Research Paper No. 2011-18, Lewis & Clark Law Review, Vol. 16, No. 289, 2012, Available at SSRN: https://ssrn.com/abstract=1905037 or http://dx.doi.org/10.2139/ssrn.1905037

Elizabeth I. Winston (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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