Vermont Article Published in Michigan Law Review
Professor Sam Vermont is the author of an article appearing in the Michigan Law Review in which he argues that independent invention should be a defense to patent infringement, provided the independent inventor creates the invention before receiving actual or constructive notice that someone else already created it.
In his conclusion Vermont states that, "Under current law, an inventor's incentive to invent is a function of her expected return under complete patent exclusivity weighted by the probability of obtaining that exclusivity. If the reinvention defense is adopted into law, an inventor's incentive will be a function of her expected return under varying degrees of exclusivity, weighted by the probability of obtaining each degree of exclusivity."
Independent invention as a defense to patent infringement, Michigan Law Review, December 1, 2006. By Samson Vermont.