This Article discusses the issue of excessive patent protection and possible remedies; the discussed remedies are the usage of antitrust laws or simply replacing certain patents with copyright protection. This Article first explores the relationship between patent protection and antitrust law. It then describes a number of tests that have been used in the past and one proposed new test, designed to confront this interrelationship. While considering these tests, this Article applies two controversial real-world patents to each in order to examine their benefits and problems. This Article then goes on to discuss the possible benefits of protecting inventors through copyright laws. Generally, the primary goal of regulating these areas of law is to reach an optimal level of “consumer welfare” consisting of innovative products at competitive prices. While this Article discusses numerous legal theories, they will be framed in the context of attempting to produce the greatest amount of consumer welfare.
Ryan A. Kraski,
The Patent Reform Debate: Has Patent Overprotection Resulted in Not-So-Smartphones?,
4 Pace. Intell. Prop. Sports & Ent. L.F.
Available at: https://digitalcommons.pace.edu/pipself/vol4/iss2/3