65 Fla. L. Rev. F. 35 (2013)
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Florida Law Review Forum


Response to Adam MossoffThe Trespass Fallacy in Patent Law

One of the key functions of patents is to put the public on notice as to what they are allowed to use, sell, or manufacture without a patentholder’s consent. Determining patent scope, however, is one of the most contentious and difficult tasks in modern patent law. In fact, many argue that the patent system is broken because patents are too vague and indeterminate to function as property rights. Many commentators note that patents lack the clear and stable boundaries provided by property law fences. In The Trespass Fallacy in Patent Law, Professor Adam Mossoff takes on this idea and shows why property law cannot currently be used as an analogy for patent law principles.
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