SJ Quinney College of Law, University of Utah


This Article considers several related points about the recent changes to the patent system and the opportunities for entrepreneurship. The concern about the adverse effect of the recent changes to patent law on innovation may be overstated. As a practicalmatter, the concept that patents are a necessary input to innovation is built on a model that does not account for the complex relationship between this legal system, science, and innovation. Although it can be expected that there may be some adverse impacts from these decisions, this trend opens up the opportunity for entrepreneurship. By releasing more foundational information into the public domain, there is a real possibility that innovative efforts by new firms will be encouraged. Further, innovation over the long term has positive effects on scientific investigation. In some respects, the practical necessities have led to innovation in the past and, in some instances, inspired new forms of scientific investigation. To the extent that such firms are no longer encumbered by broad, vague patent challenges, such resources can be geared toward additional research and innovative efforts