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

Checking the Staats: How Long Is Too Long to Give Adequate Public Notice in Broadening Reissue Patent Applications?

A classic property rights question looms large in the field of patent law: where do the rights of inventors end and the rights of the public begin? The right of inventors to modify the scope of their claimed inventions, even after the patent issues, is in direct tension with the concepts of public notice and the public domain. The Patent Act currently permits broadening of claims so long as a reissue application demonstrating intent to broaden is filed within two years of the original patent issue. Over the years, however, this relatively straightforward statutory provision has sparked numerous disputes over its meaning and application. On September 8, 2011, the Court of Appeals for the Federal Circuit heard oral arguments or In re Staats. In this case, Apple Computer, Inc. appeals the rejection of a continuation reissue patent application. The U.S. Patent & Trademark Office and the Board of Patent Appeals and Interferences rejected the application on the grounds that Apple attempted to broaden the scope of its patent claims in a manner not “foreseeable” more than eight years after the patent first issued. Apple contends that the language of the statute and prior case law permit its interpretation, and the application should be allowed in the interest of innovation. This issue is hardly a new one—this submission highlights nearly 140 years of case law, legislative history, and statutory shaping pertaining to broadening reissues. We analyze the issues raised in the briefs from Staats, as well as the oral arguments. Finally, we discuss from a practitioner’s perspective what the Federal Circuit could do—and should do—in the field of broadening reissues

Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain

Finds an increase in the contributions of foreign nationals to U.S. intellectual property and the nation's overall economic competitiveness, and seeks to explain this increase through an analysis of the immigrant-visa backlog for skilled workers

Ventured: The Burton D. Morgan Foundation 2012 Annual Report

This annual report gives examples of entrepreneurial activities the foundation has funded, as well as a list of grants and financial statements for the year 2012. It also includes a letter from the president and lists of the board and staff members. Ventured captures a year of experimentation in support of the Northeast Ohio entrepreneurial ecosystem. Throughout, we focus directly on the perspectives of entrepreneurs as they navigate startup hurles and utilize the resources of the region to network, pitch, pivot, and grow. In addition to the lively observations shared in the body of this report, you will find QR codes that lead you to videos of the entrepreneurs providing first-hand insights into their entrepreneurial journeys

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