Beyond Invention: Patent as Knowledge Law

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general

Lawyering Within the Domain of Expertise

This Article uses the history of patent prosecution to assess the relationship between the practice of law and the claim of an administrative agency to possess and to employ expertise

The Knowledge Production Function for University Patenting

We estimate a knowledge production function for university patenting using an individual effects negative binomial model. We control for R&D expenditures, research field and the presence of a TTO office. We distinguish between three kinds of researchers who staff labs: faculty, postdoctoral students and PhD students. We also examine whether PhDs and postdoctoral scholars contribute equally to patent activity or whether there is a differential effect depending upon visa status. We find patent counts relate positively and significantly to the number of faculty, number of PhD students and number of postdocs. Our results also suggest that not all graduate students and postdocs contribute equally to patenting but that contribution is mediated by visa status. Working Paper 07-0

Special Libraries, June 1924

Volume 15, Issue 6https://scholarworks.sjsu.edu/sla_sl_1924/1005/thumbnail.jp

Patent Pending: How Immigrants Are Reinventing the American Economy

The future of the American economy rests on our ability to innovate and invent the new products that will define the global economy in the decades ahead. This report seeks to highlight one key aspect of this challenge that is often overlooked: the crucial role that foreign scientists, engineers, and other researchers play in inventing the products and dreaming up the ideas that will power the American economy in the future. As the magnet for the world's brightest minds, America has prospered greatly from the global innovators who have come here to do research and invent products. However, many of these innovators face daunting or insurmountable immigration hurdles that force them to leave the country and take their talents elsewhere. The problem is particularly acute at our research universities, where we train the top minds, only to send them abroad to compete against us.This report aims to quantify both the role that foreign-born inventors play in the innovation coming out of US universities, and the costs we incur by training the world's top minds and sending them away. University research is responsible for 53% of all basic research in America. Much of this research leads to patented inventions, new companies, and jobs for American workers

Markets for technology (why do we see them, why don't we see more of them and why we should care)

This essay explores the nature, the functioning, and the economic and policy implications of markets for technology. Today, the outsourcing of research and development activities is more common than in the past, and specialized technology suppliers have emerged in many industries. In a sense, the Schumpeterian vision of integrating R&D with manufacturing and distribution is being confronted by the older Smithian vision of division of labor. The existence and efficacy of markets for technology can profoundly influence the creation and diffusion of new knowledge, and hence, economic growth of countries and the competitive position of companies. The economic and managerial literatures have touched upon some aspects of the nature of these markets. However, a thorough understanding of how markets for technology work is still lacking. In this essay we address two main questions. First, what are the factors that enable a market for technology to exist and function effectively? Specifically we look at the role of industry structure, the nature of knowledge, and intellectual property rights and related institutions. Second, we ask what the implications of such markets are for the boundaries of the firm, the specialization and division of labor in the economy, industry structure, and economic growth. We build on this discussion to develop the implications of our work for public policy and corporate strategy

Patent Reform and Best Mode: A Signal to the Patent Office or a Step Toward Elimination?

On September 16, 2011, President Obama signed the America Invents Act (AIA), the first major overhaul of the patent system in nearly sixty years. This article analyzes the recent change to patent law\u27s best mode requirement under the AIA. Before the AIA, patent applicants were required, at the time of submitting their application, to disclose the best mode of carrying out the invention as contemplated by the inventor. A failure to disclose the best mode was a basis for a finding of invalidity of the relevant claims or could render the entire patent unenforceable under the doctrine of inequitable conduct. The AIA still requires patent applicants to disclose the best mode, but has removed the traditional enforcement mechanisms – declarations of invalidity and unenforceability – as defenses to patent infringement. In this article, I propose and explore a couple innovative techniques that could be used to add teeth to the seemingly toothless best mode requirement. Ultimately, I reject these proposals as not being workable solutions and suggest that Congress\u27s resolution of the best mode problem is nonsensical and that it should completely eliminate the requirement rather than sending mixed signals to the Patent Office and patent practitioners

Special Libraries, September-October 1921

Volume 12, Issue 7-8https://scholarworks.sjsu.edu/sla_sl_1921/1006/thumbnail.jp