Global Perspectives on Patent Law’s Private Ordering Frontier
Edited by Jorge L. Contreras and Meredith Jacob
Chapter 5: Patent pledge enforcement theories
Most observers today agree that patent pledges, or at least a significant percentage of them, ought to be enforced. However, there is a wide divergence of views regarding the most suitable theory to support such enforcement. This chapter reviews contract, estoppel, property, antitrust, and other theories that have been advanced for the enforcement of patent pledges and assesses their strengths and weaknesses.
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