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Rethinking Patent Law Hardcover – May 14, 2012

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Product Details

  • Hardcover: 288 pages
  • Publisher: Harvard University Press (May 14, 2012)
  • Language: English
  • ISBN-10: 0674064682
  • ISBN-13: 978-0674064683
  • Product Dimensions: 1 x 6 x 9 inches
  • Shipping Weight: 1.3 pounds (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #2,144,495 in Books (See Top 100 in Books)

Editorial Reviews


A beautifully written, engaging account of the bargain aspect of patent entitlements. Feldman's influential theory transforms the way we look at inventions and the laws protecting them. A pathbreaking work that is required reading for anyone wishing to understand how our patent system operates—and how it should change for the future. (Sonia K. Katyal, Fordham University School of Law)

About the Author

Robin Feldman is Professor of Law at the University of California, Hastings College of the Law.

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1 of 2 people found the following review helpful By D. Dobkin on August 1, 2013
Format: Hardcover
Well, the author is a law professor, and you get a book written by a law professor. Industry appears to consist only of patent attorneys, Congress is a distant shadow, and only the courts play a role in life. This is a very narrow view of the position of patents in society, focused only on the "bargaining" that occurs while litigants contend, as if litigation were the normal state of ordinary people. While Prof. Feldman has a few useful points to make about how the patent law interacts with other areas of law, she appears completely unconcerned with the more fundamental questions: do patents benefit society? what constitutes an invention and why should it get protection from the law? She also presents essentially no data to support any of her statements, being content to cite occasional bits of case law with no view for what happens outside a courtroom. The idea that one might look at how legal regimes affect innovation, technology, and prosperity seems beyond her consideration. In summary, this book provides a few very narrow proposals for revising how the game is played, not changing the game itself -- a disappointment to those who are looking for substantial reform.

For clarity, I'm an engineer and scientist (and author) who does a lot of work in the patent system, gaining thereby a considerable respect for many of the people in it but little respect for the system itself.
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3 of 7 people found the following review helpful By Amazon Customer on June 1, 2012
Format: Hardcover
If you think that the patent litigation system is out of control, and hindering rather than advancing innovation and creativity, then you will want to read this book.
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