Patent Scope Revisited:
Merges and Nelson’s On the Complex Economics of Patent Scope, 20 Years After
September 23-24, 2010
Bloomington, IN
Conference Summary:
In their classic 1990 article, Merges and Nelson transformed the debate over the economic foundations of patent law. At the time, the bulk of the economics literature (with the notable exception of Ed Kitch’s “Prospect Theory” paper) had focused on issues such as patent duration. Merges and Nelson pointed out that the determinations of greatest everyday significance to the patent system – determinations of patent scope – had attracted the least economic analysis.
Taking Kitch’s work as their model, Merges and Nelson crafted their own new answers to the question of how patent scope decisions affect technological development. They concluded that the law should strive to preserve competition for improvements, even at the expense of eroding incentives for pioneer firms to some extent. They also concluded that technical advance proceeded differently in different industries, and that patent scope decisions should reflect that fact. The resulting work has joined Kitch’s as a staple in the scholarly literature on patent law.
The landscape of patent law has changed dramatically since 1990. Crucial cases on the processes of claim interpretation, the shape of the doctrine of equivalents, and the extent of the written description requirement, to name only a few, were all handed down after 1990. In addition, the scholarly literature on patent law has grown exponentially. Even basic questions of what patent “scope” encompasses are matters of current scholarly debate.
At this conference, we will consider what has been learned about these topics since the publication of “Patent Scope,” and how the work of current scholars, lawyers and judges will inform future debates in this area.
Date: September 23-24, 2010
Location: Indiana University Maurer School of Law, Bloomington, Indiana
Cost: There is no cost to attend.
CLE Credit: We anticipate applying for at least 9-10 credits of Indiana CLE.
To Register: Visit the conference website to register for the conference and for updated speaker lists and schedules.
For more information, contact:
Professor Mark Janis
812.855.1205
mdjanis@indiana.edu
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[...] Patent Scope at University of Indiana Location: Indiana University Maurer School of Law, Bloomington, Indiana Cost: There is no cost to attend. CLE Credit: We anticipate applying for at least 9-10 credits of Indiana CLE. To Register: Visit the conference website to register for the . Please send all information in HTML or text format if possible. In the calendar below, conference entries correspond to dates entered in red. Mouse over a red date to trigger a pop-up box that notes corresponding conferences. [...]
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