Intellectual Property Magazine
Schrödinger’s patent paradox
NickSchuneman and John C Williams apply thought experimentprinciples to valid, yet invalid patents
Nick Schuneman and John CWilliams, Baker Botts
Borrowing from a famous (albeit macabre) thought experimentin which the fate of a domesticated cat is surrendered to the whims
of quantumphysics, legal scholars have hypothesised the existence of “Schrödinger’spatents”– that is, patents that are simultaneously
invalid and valid.
1