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The Patent Crisis and How Courts Can Solve It
Dan L. Burk University of California, Irvine Law School Mark A. Lemley Stanford Law School February 26, 2009 UC Irvine School of Law Research Working Paper No. 2009-8 Stanford Law and Economics Olin Working No. 370 Stanford Public Law Working Paper No. 1349950 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 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. Working Paper Series Date posted: February 26, 2009 ; Last revised: April 08, 2009Suggested Citation |
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