Controlling already-created innovation?

In an article titled The Impact of Compulsory Licensing on Foreign Direct Investment: A Collective Bargaining Approach, Robert Bird and Daniel R. Cahoy cite Mark A. Lemley in Ex Ante versus Ex Post Justifications for Intellectual Property, 71 U. CHI. L. REV. 129, 148-49 (2004) for the proposition that many economic theorists improperly focus on patent rules as a means of controlling already-created innovation, rather than on incentives to produce the innovation.

Another example of confusion between the concepts of invention and of innovation.