Abstract
A patent is an artificial device that encourages inventions. The introduction of patent protection into an industry is appropriate when inventions in that industry otherwise would be produced at suboptimal levels. The Patent Office recently started issuing patents on tax loopholes, providing a new and incredibly powerful economic incentive that will encourage tax gurus to invent loopholes at unprecedented rates. This Article asserts that there is no need to provide patents to encourage tax gurus to invent more tax loopholes. Congress should prohibit patentholders from collecting damages based on the tax savings generated from the use of a patented process.
Recommended Citation
William A. Drennan,
The Patented Loophole: How Should Congress Respond to this Judicial Invention?,
59 Fla. L. Rev.
229
(2007).
Available at: https://scholarship.law.ufl.edu/flr/vol59/iss2/1