The Patent Crisis and How the Courts Can Solve It

By: Dan L. Burk, Mark A. Lemley

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Hardcover | 1 May 2009 | Edition Number 1

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Hardcover
232 Pages

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23.63 x 16.22 x 2.02

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Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in "The Patent Crisis and How the Courts Can Solve It," courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry.

Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution--courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. "The Patent Crisis and How the Courts Can Solve It" will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.

Industry Reviews

"A thoughtful, intelligent argument that would be appreciated by most practitioners.... Highly recommended." (Choice) "A fascinating introduction to a scholarly literature that, at least so far, raises as many questions as it answers." (Science)"

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Preface	p. vii
The Problem
The Gathering Storm	p. 3
Foundations of the Patent System	p. 7
Cracks in the Foundation	p. 21
The Diagnosis
The Diversity of Innovation	p. 37
The Industry-Specific Nature of the Patent System	p. 49
Heterogeneity in Patent Theory Why We Can't Agree Why We Patent	p. 66
Parts of the Elephant How Industry Perspective Drives Patent Theory	p. 79
The Solution
Why Courts and Not Congress Offer a Way Out of the Crisis	p. 95
Policy Levers in Existing Patent Cases	p. 109
More We Can Do Potential New Policy Levers	p. 131
Levers in a Specific Industry-Biotechnology	p. 142
Levers at Work-the IT Industry	p. 156
Conclusion: New Directions	p. 167
Notes	p. 171
Index	p. 211
Table of Contents provided by Ingram. All Rights Reserved.

The Patent Crisis and How the Courts Can Solve It

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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