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Follow on Google News | Patent and Antitrust LawHistorically there has been a conflict between antitrust law and patent law. Periods of aggressive antitrust enforcement have coincided with disfavor of patents. Is there any justification for using antitrust law to limit the strength of patents?
By: Dale B. Halling The goal of antitrust law is to ensure competition in the production and sale of goods. The reason why we want to have competition is to reduce the cost of goods to consumers. If there is just one company selling a good, then they can charge almost any price they want. If there are just a few companies selling a good, then they will not compete for customers as vigorously on price to attract consumers as when there are many companies selling a good. The ideal for antitrust is to have “perfect competition” The goal of patent law is to promote invention. Patent laws were created as part of a country’s industrial policy. Countries used patents to gain access to inventions in other countries and to encourage the development of inventions. Modern patent law is only used to promote the development of inventions. The ideal of patent law is to have everyone developing new technologies that lead to new products and services. What incentives do these laws provide in the marketplace? Dale B. Halling is author of the book "The Decline and Fall of the American Entrepreneur: # # # Dale B. Halling is author of the book "The Decline and Fall of the American Entrepreneur: End
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