It is time to update the idea of “patent fair use” to account for the evolution of technology and of inventive … paradigms in the years since O'Rourke's seminal proposal in 2000. A fair-use-type ex post approach to cabining patent … of “patent fair use 2.0” factors: 1) Is there a “justifiable” failure to purchase or license? 2) Did the infringer make a …

. The article argues that technology, with its legal protection, can be used to expand the patent monopoly, or even supplant … effects of access- and use-controlling technology on the patent monopoly and, drawing on the experience of other jurisdictions … the Copyright Act can be misused to expand the patent monopoly. One recommendation is to change the proposed provisions in …