Improving Patent Notice and Remedies: A Critique of the FTC’s 2011 Report
50 Pages Posted: 28 Jun 2011 Last revised: 9 May 2012
Date Written: June 27, 2011
In March 2011, the Federal Trade Commission released an eagerly awaited report on the U.S. patent system. The FTC advances a series of recommendations separately aimed at ameliorating the dire levels of notice imparted by most patents and correcting erroneous judicial practices that too-often accompany damages awards for infringement.
In this Article, the author explores the material features of the patent crisis and explains the crucial roles played by patent notice and remedies in fueling the same. The Article examines the Report’s probable efficacy, laudable provisions, and material shortcomings. The author concludes that, although its recommendations are generally well founded, the Report is unlikely to have a major impact on the patent system’s most significant problems. It thus appears likely that more significant reforms will be necessary.
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