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Abstract

I. Introduction

II. Historical Method and Constitutional Development in Patent Law ... A. Historical Method in Patent Law ... B. Innovative and Social Disruption in Patent Law: A Multivariate Analysis ... 1. Innovative Disruption in the Progressive Era ... 2. Social Disruption in the Progressive Era

III. The Social-Obligation Principle and the Constitutional Regulation of Patents ... A. The Social-Obligation Principle and the Common Law Regulation of Patents ... B. The Language of Obligation in the Constitutional Regulation of Patents ... 1. The Language of Obligation in Contract Law ... 2. The Language of Obligation in Property Law ... a. Its Theoretical Origins ... b. The Social-Obligation Principle and State Regulation ... c. The Social-Obligation Principle as Constitutional Social-Obligation Norm ... C. The Modern Patent Bargain: Synthesizing the Social-Obligation Principle

IV. Constitutional Complexity in the Formation of Modern Patent Law ... A. Constitutional Complexity and Practical Effect in Modern Patent Law ... B. Constitutional Complexity and Theoretical Consequence in Modern Patent Law

V. Conclusion

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