By Dan L. Burk
Patent legislation is important to motivate technological innovation. yet because the patent procedure at the moment stands, different industries from prescription drugs to software program to semiconductors are all ruled by means of an analogous principles even if they innovate very in a different way. the result's a predicament within the patent procedure, the place patents calibrated to the desires of prescribed drugs wreak havoc on details applied sciences and vice versa. based on Dan L. Burk and Mark A. Lemley in The Patent predicament and the way the Courts Can resolve It, courts may still use the instruments the patent process already supplies them to regard patents in several industries in a different way. tailoring is the one option to offer a suitable point of incentive for every industry.
Burk and Lemley illustrate the boundaries to innovation created by means of the catch-all criteria within the present approach. criminal instruments already found in the patent statute, they contend, provide a solution—courts can tailor patent legislation, via interpretations and functions, to fit the desires of assorted varieties of companies. The Patent quandary and the way the Courts Can resolve It will be crucial interpreting for these looking to comprehend the nexus of economics, company, and legislations within the twenty-first century.