Citation
Publication Date:
Format:
Bibliography:
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 this book from the University of Chicago Press, 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.
Other publications by this author
- Distinguishing Lost Profits from Reasonable Royalties
- Brief of Amici Curiae The Andy Warhol Foundation for the Visual Arts, Inc., The Andy Warhol Museum, Thomas Lawson, Barbara Kruger, Jonathan Monk, Allen Ruppersberg and Eleven Professors of Law in Support of Defendant-Appellee and Urging Affirmance
- An Antitrust Assessment of the Google Book Search Settlement
- Patent Trolls and the Effort to Fix the Patent System
- Intellectual Oligopoly: A Cautious Defense of Intellectual Oligopoly with Fringe Competition
- Fence Posts or Sign Posts: Rethinking Patent Claim Construction
- Copying in Patent Law
- Irrelevant Confusion
- Extreme Value or Trolls on Top? Evidence from the Most Litigated Patents
- Don't Tailor Make Patent Act
Author
- Mark A. Lemley
- Stanford Law School
- mlemley@law.stanford.edu
- 650 723.4605