Abstract: The performance of any incentive system based on protecting exclusive rights – from land and mineral development to inventions – depends critically upon the ability of competing resource developers to determine where the rights of others end and where they can productively pursue their projects. See Peter S. Menell & Michael M. Meurer, Notice Failure and Notice Externalities, 5 JOURNAL OF LEGAL ANALYSIS 1 (2013). Whereas land boundaries tend to be readily ascertainable, clear, and easily searchable, the boundaries surrounding software patents are notoriously fuzzy. Improving patent claim clarity holds the promise of enabling new inventors to scope out the intangible terrain, more effectively negotiate with rights holders, and secure financing.
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
Access and Citation
Cited By Count: 1
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