Patents Are Property: A Fundamental but Important Concept

Journal of Business & Technology Law, Vol. 4, pp. 87-96, 2009

Suffolk University Law School Research Paper No. 09-22

11 Pages Posted: 8 Feb 2009 Last revised: 10 Apr 2009

Date Written: February 7, 2009

Abstract

Patents have historically been viewed as property and patent owners have traditionally been entitled to property remedies for patent infringement. This essay argues that a shift to liability remedies in lieu of property remedies for patent infringement is unjustified despite the 2006 Supreme Court decision in eBay v. MercExchange.

Keywords: patent, property, injunctive relief

Suggested Citation

Beckerman-Rodau, Andrew, Patents Are Property: A Fundamental but Important Concept (February 7, 2009). Journal of Business & Technology Law, Vol. 4, pp. 87-96, 2009, Suffolk University Law School Research Paper No. 09-22, Available at SSRN: https://ssrn.com/abstract=1339398

Andrew Beckerman-Rodau (Contact Author)

Suffolk University Law School ( email )

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