The Angel is in the Big Picture: A Response to Lemley
11 Pages Posted: 10 Jan 2007
Abstract
Under current law, independent invention is no defense to patent infringement. In another paper, the author proposes that independent invention be recognized as such a defense. Mark Lemley, in his Comment about that paper, expresses three reservations concerning the author's proposed reform and also suggests four alternative reforms that are less ambitious than the author's. The instant paper responds to Lemley's Comment, conceding that two of his reservations are more or less valid and that two of his alternative reforms are viable. More work is needed to determine whether either of these alternative reforms is superior to the author's proposed reform. Which reform is superior depends ultimately on the extent to which independent invention is a function of forces exogenous to the patent system.
Keywords: patent, invention, inventor, prior user, independent invention, patent infringement, independent inventor
JEL Classification: O31, O34
Suggested Citation: Suggested Citation
Do you have negative results from your research you’d like to share?
Recommended Papers
-
Profit Neutrality in Licensing: The Boundary between Antitrust Law and Patent Law
-
Profit Neutrality in Licensing: The Boundary between Antitrust Law and Patent Law
-
Patent Reform: Aligning Reward and Contribution
By Carl Shapiro
-
Scarcity of Ideas and R&D Options: Use it, Lose it or Bank it
By Nisvan Erkal and Suzanne Scotchmer
-
The Decision to Patent, Cumulative Innovation, and Optimal Policy
By Nisvan Erkal
-
Scarcity of Ideas and R&D Options: Use It, Lose It, or Bank It
By Nisvan Erkal and Suzanne Scotchmer