Patent and Antitrust, Happy Together?

The framers of the constitution recognized that free markets encouraged competition and exclusive rights in intellectual property promoted innovation, and reflected these ideas in the language of the constitution. But in recent years, these two opposing yet complementary ideas have been the subject of much scholarly debate, leading in 2003 to a Federal Trade Commission report on the proper balance of patent law and policy. This article, by Washington partner Daniel Attridge and associate Gregory Corbett, examines the 10 recommendations proposed by the FTC to improve the patent system in the interests of competition.