Document Type
Article
Publication Date
2000
ISSN
0010-1958
Publisher
Columbia University School of Law
Language
en-US
Abstract
The intellectual property laws are becoming increasingly stressed as their largely time-worn doctrines grapple with problems posed by new technology. In this Article, Dean O'Rourke argues that this pressure has become particularly acute in patent law where policymakers have expanded protection without concomitantly evaluating the impact of that move on follow-on innovation. The traditional assumption that patentees will efficiently license their inventions is breaking down as market failures are becoming endemic. Dean O'Rourke argues that to ensure that patent law achieves its constitutional goals, it shuld, like copyright law, use a fair use defense to address problems of market failure. Dean O'Rourke proposes just such a defense that, while modeled on copyright doctrine, accounts for and protects patent law's particular incentive scheme.
Recommended Citation
Maureen A. O'Rourke,
Toward a Doctrine of Fair Use in Patent Law
,
in
100
Columbia Law Review
1177
(2000).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/1531
