Document Type

Article

Publication Title

Northwestern University Law Review

Abstract

The article discusses the discrepancy between patent and copyright laws in terms of protectability standards. It examines the differences between protectability in patent and copyright law and the explanations for these distinctions. It proposes that the distinctions in the protectability standards governing patent and copyright law agree with psychological findings on creativity, although it is unlikely that these findings motivated the enactment of the different standards. It presents the psychological literature on creativity.

First Page

1441

Volume

104

Publication Date

2010

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