Texas Wesleyan Law Review

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This essay likely raises more questions than it answers, but I do offer the following, somewhat pragmatist, conclusions: (1) patents should not cover collective knowledge in the first place, because patents, if at all justifiable, should serve only as an incentive to innovate, not a tool to exploit existing methods; (2) to the extent patents and other intellectual property protections granted to outsiders do continue to extend over such knowledge, there are methods for (and suc- cess stories of) groups that have been able to take control of and reap the benefits of their collective knowledge; (3) under the most egregious circumstances, fraud and unfair competition claims may afford adequate protection outside of intellectual property law; and (4) efforts, such as "defensive publication," to preclude patents because of "prior art" should be construed liberally to preempt patent eligibility in specific cases.



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