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The Patent Crisis and How the Courts Can Solve It
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The Patent Crisis and How the Courts Can Solve It

Dan L. Burk and Mark A. Lemley

Abstract

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 this book, 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 provi ... More

Keywords: patents, patent law, technology, innovation, industry tailoring, courts, pharmaceuticals, software, semiconductors

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780226080611
Published to Chicago Scholarship Online: March 2013 DOI:10.7208/chicago/9780226080635.001.0001

Authors

Affiliations are at time of print publication.

Dan L. Burk, author

Mark A. Lemley, author