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How Not to Invent a Patent Crisis

REACTING TO THE SPENDING SPREE: POLICY CHANGES WE CAN AFFORD, Terry L. Anderson and Richard Sousa, eds., Hoover Institution Press, 2009

Stanford Law and Economics Olin Working Paper No. 384

Harvard Public Law Working Paper No. 10-02

GWU Law School Public Law Research Paper No. 482

25 Pages Posted: 31 Oct 2009 Last revised: 12 Mar 2013

F. Scott Kieff

George Washington University - Law School; Stanford University - Hoover Institution on War, Revolution and Peace

Henry E. Smith

Harvard Law School

Abstract

This short essay written for a broad audience addresses the problems that are at the center of current debates in academic and policy circles about the patent system. Most current patent reform proposals are designed to give officials and courts more power to weaken or eliminate ‘‘unworthy’’ patents and take primary aim at so-called patent trolls. This essay argues that in light of the rapid, and excessive, changes that have already occurred in the courts, what patent law needs is a tweaking of existing safety valves and processes - not opening the floodgates to more discretion and uncertainty.

Keywords: patent, innovation

Suggested Citation

Kieff, F. Scott and Smith, Henry E., How Not to Invent a Patent Crisis. REACTING TO THE SPENDING SPREE: POLICY CHANGES WE CAN AFFORD, Terry L. Anderson and Richard Sousa, eds., Hoover Institution Press, 2009; Stanford Law and Economics Olin Working Paper No. 384; Harvard Public Law Working Paper No. 10-02; GWU Law School Public Law Research Paper No. 482. Available at SSRN: https://ssrn.com/abstract=1496990

F. Scott Kieff (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4644 (Phone)

Stanford University - Hoover Institution on War, Revolution and Peace ( email )

434 Galvez Mall
Stanford, CA 94305-6010
United States
650-723-3678 (Phone)

Henry E. Smith

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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