Description
Book SynopsisContemporary patent law continues to struggle with the most basic questions of patent system design. There is fierce debate over the power of the Patent Office, the role of the courts, incentives to guide the process and many other fundamental issues. Professor Miller brings together seminal articles which are acknowledged to be the proper foundations for these ongoing debates. This indispensable collection of papers is vital for patent policy makers and serves as an excellent reference source for anyone with an interest in the topic.
Trade Review‘This collection of essays forms a wonderful introduction to patent law practice, its theory, and its problems. It includes highly influential articles by top thinkers in the field. Furthermore, it exposes readers to all of the key methodologies - economic and empirical analysis, historical research, normative assessment - necessary to acquire a deep understanding of the field.’ -- Rochelle Dreyfuss, New York University, School of Law, US
‘This is a timely collection of many of the major milestones in recent patent theory. The problems they address remain core to the ongoing utility of the patent system.’ -- Michael Spence, University of Sydney, Australia
Table of ContentsContents: Acknowledgements Introduction Joseph Scott Miller PART I PATENT LAW HISTORY 1. P.J. Federico ([1936] 1990), ‘Operation of the Patent Act of 1790’ 2. Steven Lubar (1991), ‘The Transformation of Antebellum Patent Law’ 3. Mark D. Janis (2002), ‘Patent Abolitionism’ 4. Edward C. Walterscheid (2005), ‘The Hotchkiss Unobviousness Standard: Early Judicial Activism in the Patent Law’ PART II NONOBVIOUSNESS 5. Edmund W. Kitch (1966), ‘Graham v. John Deere Co.: New Standards for Patents’ 6. John F. Duffy (2008), ‘A Timing Approach to Patentability’ PART III ECONOMIC ANALYSIS OF PATENT LAW 7. Robert P. Merges and Richard R. Nelson (1990), ‘On the Complex Economics of Patent Scope’ 8. Suzanne Scotchmer (1991), ‘Standing on the Shoulders of Giants: Cumulative Research and the Patent Law’ 9. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’ 10. John F. Duffy (2004), ‘Rethinking the Prospect Theory of Patents’ 11. Paul J. Heald (2005), ‘A Transaction Costs Theory of Patent Law’ PART IV THE PATENABILITY OF SOFTWARE OR BUSINESS METHODS 12. Donald S. Chisum (1986), ‘The Patentability of Algorithms’ 13. Allen Newell (1986), ‘Response: The Models Are Broken, The Models Are Broken!’ 14. Thomas F. Cotter (2007), ‘A Burkean Perspective on Patent Eligibility’ PART V EMPIRICAL ANALYSIS OF PATENT LAW 15. Bronwyn H. Hall and Rosemarie Ham Ziedonis (2001), ‘The Patent Paradox Revisited: An Empirical Study of Patenting in the U.S. Semiconductor Industry, 1979–1995’ 16. John R. Allison, Mark A. Lemley, Kimberly A. Moore and R. Derek Trunkey (2004), ‘Valuable Patents’ Name Index
