May 2007 Vol. 105 No. 7 THE REVIEW

Correspondence: Should Patent Infringement Require Proof of Copying?

Mark A. Lemley

Patent infringement is a strict liability offense. Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea—even by those who independently develop a technology with no knowledge of the patent or the patentee. This is a power that exists nowhere else in intellectual property (IP) or real property law, but it is a one that patentees have had, with rare exceptions, since the inception of the Republic. In an important paper in the Michigan Law Review, Samson Vermont seeks to change this, arguing that independent invention should be a defense to patent infringement, just as it would be in copyright or trade secret cases. In an era in which both the Supreme Court and Congress are showing a nearly unprecedented interest in patent law and in which there is a general sense that the patent system is out of whack, Vermont’s idea may be one whose time has come.

   //  VIEW PDF
& Other Current Events

Lost in Translation: The Accidental Origins of Bond v. United States

One of the unusual features of cases about the constitutionality of federal statutes is that they are...

Foreword: What Books on Law Should Be

I have thought it might be useful to our profession, and appropriate to a foreword to a collection of...

A Pragmatic Republic, If You Can Keep It

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law....

Classic Revisited – Frost for Lawyers: "The Best Thing That We're Put Here For's to See"

The Poetry of Robert Frost: The Collected Poems. Edited by Edward Connery Lathem....

Racial Templates

A Wicked War: Polk, Clay, Lincoln, and the 1846 U.S. Invasion of Mexico. By Amy S. Greenberg....
MAILING LIST
Sign Up to Join Our Mailing List