The Yale Law Journal

Talha Syed

Essay

The Continuum of Excludability and the Limits of Patents

Amy Kapczynski & Talha Syed


122 Yale L.J. 1900 (2013).

In IP scholarship, patents are commonly understood as more efficient than other approaches to innovation policy. Their primary ostensible advantage is allocative: as a form of property rights, patents act as a conduit between market signals and potential innovators, ostensi…