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The Patent Crisis and How Courts Can Solve It

7 Pages Posted: 26 Feb 2009 Last revised: 14 May 2014

Dan L. Burk

University of California, Irvine School of Law

Mark A. Lemley

Stanford Law School

Date Written: February 26, 2009

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.

Suggested Citation

Burk, Dan L. and Lemley, Mark A., The Patent Crisis and How Courts Can Solve It (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. Available at SSRN: https://ssrn.com/abstract=1349950 or http://dx.doi.org/10.2139/ssrn.1349950

Dan L. Burk

University of California, Irvine School of Law ( email )

4500 Berkeley Place
Irvine, CA 92697-1000
United States
949-824-9325 (Phone)

Mark A. Lemley (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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