Uniformity is not optimal for patent law

A uniform patent law that offers protection across states is a benefit of centralized legislation under a federal system. However, for the achievement of cross-state patent protection within a federal system, complete centralization of legislative power doesn't appear to be necessary. A middle ground exists between the full centralization and full decentralization of legislative power, where the central government and local governments can co-exist in patent lawmaking.11 In this intermediate state, a central government can offer extensive patent protection through legislation while local governments can refine the patent system in cooperation with the central government. However, the current U.S. system does not offer state governments any avenues by which to participate in the making of patent law. This approach maintains legal uniformity and avoids rule diversity.12 But, as Roger Ford pointed out, uniformity in patent law does not guarantee an optimal level of patent protection.13 Centralizing patent legislative power at the federal level keeps states from enacting patent laws that reflect their specific conditions and the needs of their specific industries and innovator communities.14 It also means that they cannot experiment with different laws and approaches related to patent issues.15 Thus, the conclusion that the benefits of maintaining uniformity in patent rules outweigh the cooperation between state and federal governments in constructing the patent system is not a given.