Abstract

This reviewer has to admit that he initially approached Bessen and Meurer, Patent Failure – How Judges, Bureaucrats, and Lawyers Put Innovators at Risk, with a degree of trepidation. Spurred on by the sensationalist title and the moody (oh-so clichéd) picture of a shattered light bulb that adorns the front cover, he was expecting tales of woe. He anticipated discussion of patents on peanut-butter-jelly sandwiches,1 methods of exercising cats2 and perhaps even swinging on a swing,3 to illustrate how the US patent system is going to Hell in a hand-basket. What he got, however, was a far more considered, nuanced, and all-round robust enterprise. Indeed, as the authors themselves point out: ‘while stories about frivolous patents and frivolous lawsuits are troubling … better evidence is needed to guide patent reform’.4 As a consequence, Bessen and Meurer's book aims to move ‘beyond mere anecdote to provide the first comprehensive empirical evaluation of the patent system's performance’, comparing patents against a ‘simple, well-defined yardstick inspired by economic analysis of property rights’.5

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