Intellectual Property and Competition Distortion: The Case of the United States

By Mario de la Puente (Universidad del Norte) & Laura de la Puente (URBE)

This paper analyzes patents as distortion instruments of the free market principle using the case of the United States from a philosophic-economical perspective with a hermeneutic analysis complemented with quantitative instruments. Negative impacts are found in the fields of innovation, research and development of economic participants for the development, distribution, commercialization and even consumption of goods due to legal uncertainty regarding the permits for use of an invention, as well as the logistic limitations that prevent a wider strictness in the analysis and procedure of patent inquiries.

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