The case for permissive patents
Whatever its shortcomings in practice, until very recently patent law has sought to embody the winner-takes-all principle. This paper argues that it is both feasible and desirable to allow multiple prizes. Indeed, it is possible that complete abolition of the patent system, by raising the returns to late finishers, would yield an improvement on the current situation.
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http://eprints.lse.ac.uk/35659/