Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in intellectual property.
"Alexander Poltorak and Paul Lerner have written the definitive primer on intellectual property for business professionals. Thorough in its coverage and understandable in its delivery, Essentials of Intellectual Property provides not only an outstanding summary of intellectual property basics, but a useful and sensible strategy for using intellectual property to the best needs of a business. Poltorak and Lerner have combined their in-depth knowledge of patent law with their savvy business skills to yield an indispensable reference for the business professional."
—Jeffrey L. Brandt, Patent Attorney, Former Senior Vice President and Intellectual Property & Licensing Counsel, priceline.com
"Alex Poltorak and Paul Lerner have pulled off a mighty feat with Essentials of Intellectual Property. They have crafted a work that is clear for the beginning practitioner while nuanced and sophisticated for the savvy tech transfer and IP management veteran. Lively and often witty writing is a treat not often found in tomes on what can be a dry subject. With Essentials of Intellectual Property, the practitioner has a new literary tool for tying IP strategy to the business reality of tomorrow."
—Edward Kahn, Founder and President, EKMS, Inc., Cambridge, MA
"This critically important new volume of work not only provides the professional with a greater knowledge of this vast subject, but also the novice with a better understanding and appreciation for the results of their creative abilities."
—Lawrence J. Udell, Executive Director, California Invention Center, Professor of New Ventures and Entrepreneurship
The Wiley Essentials Series—because the business world is always changing...and so should you.
Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself.
In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body.
Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims.
After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases.
Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Acquire and protect your share of this major business asset
Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!
Discover how to:Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws
Example office actions and amendments
Trademark registration certificates
See the CD appendix for details and complete system requirements.
Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.