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The Patent Crisis and How the Courts Can Solve It Hardcover – May 15, 2009

ISBN-13: 978-0226080611 ISBN-10: 0226080617
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Editorial Reviews


“There is no disputing that The Patent Crisis and How the Courts Can Solve It is a descriptive tour de force. No one else has done as comprehensive a job of summarizing today’s patent theories nor done more to bring them together than Burk and Lemley. This book will certainly be a success on almost any terms.”

(Thomas B. Nachbar, Professor of Law and Class of 1963 Research Professor, Univer 2008-07-01)

“Burk and Lemley offer the right diagnosis of the illness (i.e. sectorial shortcomings) of the patent system and suggest the right sectorial therapies, as well the right doctors—judges. This book should be carefully read, not only by the doctors, but by all players in the field, who soon may be facing the Burk and Lemley therapy.”

(Joseph Straus, Director of the Max Planck Institute for Intellectual Property, C 2009-01-06)

“Every chief patent counsel in a major U.S. company should read this book by Dan Burk and Mark Lemley. It provides the first comprehensive explanation of why the patent system is perceived by different industries in fundamentally different ways. Burk and Lemley make a credible case that the courts might be more effective than Congress in achieving some reforms, by tailoring patent law to specific industries through more than a dozen ‘policy levers’ and common law doctrines that are enumerated in the book.”

(Herbert C. Wamsley, Executive Director, Intellectual Property Owners Association 2009-01-12)

"A fascinating introduction to a scholarly literature that, at least so far, raises as many questions as it answers."
(Rebecca S. Eisenberg Science)

"[The authors'] book is a must-read because of its provocative ideas. More importantly, their ideas provide a beacon of reason and intelligence in what has been a complex mess of patent reform. Published in a year that has shown how convoluted legislative reform often is, this engaging book shows how it is possible to have politics and reform that is potentially free of the byzantine web of influence and diatribe."
(Shubha Ghosh IP Law Book Review)

About the Author

Dan L. Burk is Chancellor’s Professor of Law at the University of California, Irvine. Mark A. Lemley is the William H. Neukom Professor of Law at Stanford University and a partner at Durie Tangri.


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Product Details

  • Hardcover: 220 pages
  • Publisher: University Of Chicago Press (May 15, 2009)
  • Language: English
  • ISBN-10: 0226080617
  • ISBN-13: 978-0226080611
  • Product Dimensions: 6 x 1 x 9 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #2,241,567 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

3 of 3 people found the following review helpful By Jukka Kemppinen on April 19, 2010
Format: Hardcover Verified Purchase
Considering the authors it is not really a surprise that this slim volume seems to be best overview on what to do to patents. Almost everybody, FeC of Appleals included, seems to agree that the situation is very unsatisfactory. Here is an analysis on the causes and suggestions for remedies. I very much agree that the system suffers of overreach. It really is impossible to deal with pharmaceutic inventions and electronics using the same criteria.

Professor Lemley is regarde as one of the best experts, and here the americans and europeans agree.

I got the book first as Kindle (PC) and then on print in order to show it to my students.


Dr. Jukka Kemppinen, Finland
(40 years experience on IPR first as a lawyer, then as a judge, then as a professor)
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