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Nature 454, 164-165 (10 July 2008) | doi:10.1038/454164a; Published online 9 July 2008

Open Innovation Challenges

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The cost of vague patents

Michael Gollin1

BOOK REVIEWEDPatent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk

by James Bessen & Michael J. Meurer

Princeton University Press: 2008. 352 pp. $29.95 £17.95

Adding fuel to the anti-patent fire, James Bessen and Michael Meurer argue in Patent Failure that US patents cost more than they should because their claims are too vague. Patent claims define the scope of a patented invention, and when they are unclear, competitors cannot determine whether or not they are infringing the patent and whether they should license or litigate.