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.

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