Document Type

Article

Publication Title

Case Western Reserve Law Review

Abstract

In 1987, when the Federal Circuit was five years old, I conducted a study of its administration of patent law. The article I wrote was gratifyingly well received, and many people suggested that I reexamine the work of the court on the occasion of its twentieth anniversary. Unfortunately, the methodology that I adopted the first time out could no longer be utilized. At the time, there were so few patent cases published that I could read each one and analyze it both procedurally and substantively. Now, the number of cases is too large to make that tactic feasible. The time period is four times longer; patent filings and issuances have grown; more disputes are litigated; and the Federal Circuit has added new judgeships. This study of the Federal Circuit therefore relies on secondary sources and anecdotal materials. I have, however, had the great benefit of consulting with the Federal Trade Commission on its Hearings on Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy and serving as a member of the National Academy of Science's Committee on Intellectual Property in the Knowledge-based Economy. These positions have given me the opportunity to listen to people who have studied the patent system from a wide variety of perspectives. The following is what I have learned.

First Page

769

Volume

54

Publication Date

2004

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