EH.R: Query: Regulation in American federalism compared to regulation in the EU

[James Bessen]

I assume from the question that the comparison concerns the last two 
decades more or less.

The comparison in patent policy is a ripe area. Since 1982, patent 
policy in the US has been set largely by the Court of Appeals for the 
Federal Circuit, which is a unique specialized appellate court. For an 
introduction to some of its policy evolution see Jaffe and Lerner, 
"Innovation and Its Discontents." For a more detailed (and more 
accurate) overall evaluation see Rochelle Dreyfuss, "The Federal 
Circuit: A Continuing Experiment in Specialization," 54 Case Western 
Reserve Law Review  769 (2004). If you want detail on specific policies, 
there is a lot else available.

The EU has been toying with establishing a similar structure (under the 
rubric of the "community patent"). Another issue where there has been a 
stark contrast is software patents. A non-patent IP issue where things 
are different concerns database protection.

All ripe areas for comparison.



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James Bessen, jbessen at researchoninnovation.org
Lecturer in Law, Boston University School of Law