The Antipatent: A Proposal for Startup Immunity

I. Introduction II. The Proposed Solution: The Antipatent III. Assumptions: Ideas, Inventions, and Innovations IV. The Value of Experimentation without Adverse Consequences ... A. Clearer Paths to Creation ... B. Components of Creative Endeavors V. Patent Lock-In: Standing on the Shoulders of Plaintiffs ... A. The Difficult Path to Permission: Search ... B. Patent Lock-In ... C. Patent Law’s Limited Experimental Use Defense ... D. Prior User Rights ... E. Other Private Ordering Solutions ... 1. Patent Pledges ... 2. Coordinated Efforts to Resolve Innovation Roadblocks VI. The Rationale for Shielding Startups ... A. The Role of Small Firms in Creating New Ideas ... B. Small Firms as Compliments and Competitors ... C. Could Large Firms Fill the Gap? VII. An Individualized Balance: Benefits of the Patent System ... A. Potential Adverse Impacts of Opting Out ... B. The Venture Capital Question VIII. Conclusion