Comparative Patent Remedies A Legal and Economic Analysis

• Provides an in-depth analysis of the law of patent remedies (including damages, injunctions, and declaratory judgments) as found in the world's leading patent systems, with an extensive bibliography
• Comprehensive coverage of all major patent systems, including the U.S., the E.U., Japan, Canada, Australia, China, Taiwan, South Korea, and India
• Assembles information from a wide variety of sources in English, German, and French, many of which are not readily accessible outside the source country
• Applies analytical methods of the law-and-economics approach to evaluate the strengths and weaknesses of different practices relating to injunctions, damages, and other patent remedies
• Provides available up-to-date estimates and statistics on matters concerning patent grants, applications, number of lawsuits, win rates, invalidation rates, and more, along with sources.

Nations throughout the world receive more patent applications, grant more patents, and entertain more patent infringement lawsuits than ever before. To understand the contemporary patent system, it is crucial to become familiar with how courts and other actors in different countries enable patent owners to enforce their rights. This is increasingly important, not only for firms that seek to market their products worldwide and for the lawyers who provide them with counsel, but also for scholars and policymakers working to develop better policies for promoting the innovation that drives long-term economic growth. 

Comparative Patent Remedies provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India. Thomas Cotter shows how different countries respond to similar issues, and suggests how economic analysis can assist in adapting current practice to the needs of the modern world. Among the topics addressed are: how courts in various nations award monetary compensation for patent infringement, including lost profits, infringer's profits, and reasonable royalties; the conditions under which patent owners may obtain preliminary and permanent injunctions, including cross-border injunctions in the European Union; the availability of various options for potential defendants to challenge patent validity; and other matters, such as the availability of criminal enforcement and border measures to exclude infringing goods.

Readership: Attorneys who advise clients that own or intend to own multinational patent portfolios, or that market products that may be the subject of multinational patent litigation Patent scholars, economists, judges, journalists, NGOs, and other policymakers who want to better understand, evaluate, or propose changes to the law of patent remedies. Patent scholars who want to learn about laws pertaining to patent remedies in other countries