文章基本信息

标题：Patent Systems: More Easily Faulted Than Fixed
本地全文：下载
作者：Field, Thomas G, Jr
期刊名称：Journal of Intellectual Property Rights
印刷版ISSN：0971-7544
电子版ISSN：0975-1076
出版年度：2007
卷号：12
期号：1
页码：129-141
出版社：Ubs Publishers Distributors
摘要：The US patent system has been the subject of three recent, generally critical studies. One, particularly uncomplimentary, primarily faults a changed source of funds for patent examination and creation of a court that, aside from the Supreme Court, has exclusive jurisdiction to consider patent appeals, both administrative and judicial. This paper explains why neither criticism is well taken. It also analyses reactions of the US Congress and Supreme Court to allegedly new problems caused by so-called patent thickets and patent trolls.
关键词：Innovation;Patent critics;Patent reform;Invalid patents;Patent examination cost;Patent litigation cost;Patent courts;Comparative roles of judge and juror;Patent infringement;Patent remedies;Patent thicket;Patent troll;Doctrine of equivalents;Obviousness