Campus Only Senior Thesis
Bachelor of Arts
Philosophy, Politics, and Economics (PPE)
© 2014 Eli Coon
This thesis proposes an exception to the common law efficiency hypothesis. In many cases, common law moves toward efficient legal rules through an evolutionary process of litigation incentives. Software patent law has departed from this trend, due to an asymmetric and unopposed set of litigation incentives by parties in precedent setting decisions. This paper evaluates the history of software patent legal rules, using an economic model of litigation incentives. It concludes that software patent law has been driven toward inefficiency due to an asymmetric set of interests between patent filers and administrative agencies.
Coon, Eli, "Marching Toward Inefficiency: The Common Law Efficiency Hypothesis' Software Exception" (2014). CMC Senior Theses. 869.
This thesis is restricted to the Claremont Colleges current faculty, students, and staff. It is not available for interlibrary loan. Please send a request for access through Contact Us.