Patently-O Liveblogs Posner/Epstein Debate on the Patent System
A Debate About the Patent System
The Honorable Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit
Professor Richard Epstein, Laurence A. Tisch Professor of Law, New York University School of Law, and James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer, University of Chicago Law School
Moderated by Olivia Luk of Niro, Haller & Niro
For another perspective on this debate, check out Lisa Larrimore Ouellette's post over at Written Description.
Judge Posner: wrote "Why there are too many patents in America."
Longstanding academic interest in intellectual property; since becoming a judge, he's volunteered to handle litigation at the district court, and for the last ten years he has done almost exclusively patent cases. He's conducted bench trials, Daubert herings, claim construction, and so on. He's prepared several cases for jury trial, but they all fizzled out before trial.
In his view, we all probably agree that patents should not be granted unless there's a significant invention that, unless