"Reform of a Fast-Moving Target: The Development of Patent
Law Since the 2004 National Academies Report"

Noted patent litigator William C. Rooklidge wrote "Reform of a Fast-Moving Target: The Development of Patent Law Since the 2004 National Academies Report" and presented it this month to meetings of the AIPLA and ACPC.

Rooklidge's paper "Reform of a Fast-Moving Target: The Development of Patent Law Since the 2004 National Academies Report" examines the major issues and changes that have occurred in the patent system sine to NAS report in 2004. While acknowledging that some have questioned the ability of courts to address the most contentious issues, Mr. Rooklidge concludes that the pace of change in the patent law suggests otherwise:

"In fact, the patent law changes that have occurred since 2004 suggest that the courts—not the legislature—should be entrusted with many of the patent reform topics that have been considered. Side benefits of this division of labor likely include that a legislative package stripped of the contentious issues more suitable to resolution by the courts that might well find agreement, or at least enough agreement to be enacted."

Read Rooklidge's paper (PDF)

Read a summary of Rooklidge's paper (PDF)