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23 Alb. L.J. Sci. & Tech. 237 (2012-2013)
Reviving the Gatekeeping Function: Optimizing the Exclusion Potential of Subject Matter Eligibility

handle is hein.journals/albnyst23 and id is 251 raw text is: ARTICLES REVIVING THE GATEKEEPING FUNCTION: OPTIMIZING THE EXCLUSION POTENTIAL OF SUBJECT MATTER ELIGIBILITY Maayan Perel* ABSTRACT Today, many patents that fail the constitutional mandate [tlo promote the Progress of Science and useful Arts are issued. Patents are granted irrespective of whether they are actually needed to incentivize innovation. Consequently, many patent grants fail to reflect an appropriate balance between the ex post costs of short-term monopoly and the benefits of higher ex ante incentives to innovate. Other patents are issued without having any prospected commercial use, so no one actually makes an economically beneficial use of them. The worst of these are those that are sought solely for the purpose of initiating infringement lawsuits and extorting licensing fees from competitors. * S.J.D. Candidate, University of Pennsylvania Law School; LL.M., Benjamin N. Cardozo School of Law; LL.B. & B.A., Haifa University, Israel. Ms. Perel is an associate at Inidigo Group and has clerked for the Honorable Judge Sandra L. Townes at the Eastern District of NY, interned for the Honorable Judge Mark Falk at the District Court of New Jersey, and worked at the Law Office of Lior Amar, a transactional litigation firm in Israel. 237

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