Conclusion: New Directions

in The Patent Crisis and How the Courts Can Solve It

Published by University of Chicago Press

Published in print May 2009 | ISBN: 9780226080611
Published online March 2013 | e-ISBN: 9780226080635 | DOI:
Conclusion: New Directions

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Both innovation and patent law unquestionably work differently in different industries. The law can either take account of those differences or seek to ignore them. Congress is better suited to creating general rules. An alternative to Congress is to give the task of tailoring to the Patent and Trademark Office (PTO). Periodic suggestions that the PTO should engage in claim construction or weigh in on the scope of infringement are likely to fall flat, and for good reason: the PTO doesn't see those issues in the context that is required to make the right decision. Courts and scholars will have to pay attention to the characteristics of the particular industries for which courts are setting rules. Getting patent law right is not easy, and getting it exactly right may not even be possible. But getting it right is enormously important.

Keywords: innovation; patent law; Congress; Patent and Trademark Office; courts

Chapter.  1451 words. 

Subjects: Intellectual Property Law

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