A Network Theory of Patentability

Patent law is built upon a fundamental premise: only significant inventions receive patent protection while minor improvements remain in the public domain. This premise is indispensable for maintaining an optimal balance between incentivizing new innovation and providing public access to existing innovation. Despite its importance, the doctrine that performs this gatekeeping role—nonobviousness— has long remained indeterminate and vague. Judicial opinions have struggled to articulate both what makes an invention significant (or nonobvious) and how to measure nonobviousness in specific cases. These difficulties are due in large part to the existence of two clashing theoretical frameworks, cognitive and economic, that have vied for prominence in justifying nonobviousness. Neither framework, however, has generated doctrinal tests that can be easily and consistently applied. This Article draws on a novel approach—network theory—to answer both the conceptual question (what is a nonobvious invention?) and the measurement question (how do we determine nonobviousness in specific cases?). First, it shows that what is missing in current conceptual definitions of nonobviousness is an underlying theory of innovation. It then supplies this missing piece. Building upon insights from network science, we model innovation as a process of search and recombination of existing knowledge. Distant searches that combine disparate or weakly connected portions of social and information networks tend to produce high-impact, new ideas that open novel innovation trajectories. Distant searches also tend to be costly and risky. In contrast, local searches tend to result in incremental innovation that is more routine, less costly, and less risky. From a network theory perspective, then, the goal of nonobviousness should be to reward, and therefore to incentivize, those risky distant searches and recombinations that produce the most socially significant innovations. By emphasizing factors specific to the structure of innovation—namely, the risks and costs of the search and recombination process—a network approach complements and deepens current economic understandings of nonobviousness. Second, based on our network theory of innovation, we develop an empirical, algorithmic measure of patentability—what we term a patent’s “network nonobviousness score” (NNOS). We harness data from US patent records to calculate the distance between the technical knowledge areas recombined in any given invention (or patent), allowing us to assign each patent a specific NNOS. We propose a doctrinal framework that incorporates an invention’s NNOS to nonobviousness determinations both at the examination phase and during patent litigation. Our use of network science to develop a legal algorithm is a methodological innovation in law, with implications for broader debates about computational law. We illustrate how differences in algorithm design can lead to different nonobviousness outcomes, and discuss how to mitigate the negative impact of black box algorithms

Anti-Innovation Norms

Intellectual property (IP) scholars have recently turned their attention to social norms—informal rules that emerge from and are enforced by nonhierarchically organized social forces—as a promising way to spur innovation in communities as diverse as the fashion industry and the open-source software movement. The narrative that has emerged celebrates social norms’ ability to solve IP’s free-rider problem without incurring IP’s costs. But this account does not fully consider the dark side of social norms. In fact, certain social norms, when overenforced, can create substantial barriers to the most socially beneficial creative pursuits. Because IP scholars have left unexplored how social norms can hinder innovation in this way, the harm they cause has gone unmitigated. This Article sheds light on the dark side of innovation norms. It coins the term “anti-innovation norms” to label these counterproductive social forces. Using the double lens of sociology and psychology, it gives a full theoretical account of three types of anti-innovation norms: research priority, methodology, and evaluation norms—all of which interfere with socially beneficial boundary-crossing innovation. Our elucidation of anti-innovation norms has both theoretical and policy implications. On the theory side, it suggests that IP scholars to date have been too focused on addressing the free-rider problem. This has caused them to overlook other barriers to innovation, like those posed by the set of anti-innovation norms we describe here. This focus on free riding may also help explain why innovation and norms scholars have paid little attention to debates within the broader literature on law and social norms concerned with identifying situations in which social norms are welfare reducing. On the policy side, it points to innovation dilemmas that IP is not fully equipped to solve. While changes to the IP doctrines of attribution and fair use in copyright and nonobviousness in patent law can counteract anti-innovation norms at the margin, a comprehensive solution requires innovation scholars to broaden their vision beyond the IP toolkit. We take the first steps in this direction, proposing a number of interventions, including novel funding regimes and tax credits

New structures to solve aggregated queries for trips over public transportation networks

Representing the trajectories of mobile objects is a hot topic from the widespread use of smartphones and other GPS devices. However, few works have focused on representing trips over public transportation networks (buses, subway, and trains) where a user's trips can be seen as a sequence of stages performed within a vehicle shared with many other users. In this context, representing vehicle journeys reduces the redundancy because all the passengers inside a vehicle share the same arrival time for each stop. In addition, each vehicle journey follows exactly the sequence of stops corresponding to its line, which makes it unnecessary to represent that sequence for each journey. To solve data management for transportation systems, we designed a conceptual model that gave us a better insight into this data domain and allowed us the definition of relevant terms and the detection of redundancy sources among those data. Then, we designed two compact representations focused on users' trips (TTCTR) and on vehicle trips (AcumM), respectively. Each approach owns some strengths and is able to answer some queries efficiently. We include experimental results over synthetic trips generated from accurate schedules obtained from a real network description (from the bus transportation system of Madrid) to show the space/time trade-off of both approaches. We considered a wide range of different queries about the use of the transportation network such as counting-based or aggregate queries regarding the load of any line of the network at different times.Comment: This research has received funding from the European Union's Horizon 2020 research and innovation programme under the Marie Sk{\l}odowska-Curie Actions H2020-MSCA-RISE-2015 BIRDS GA No. 69094

An HST/NICMOS view of the prototypical giant HII region NGC604 in M33

We present the first high-spatial resolution near-infrared (NIR) imaging of NGC 604, obtained with the NICMOS camera aboard the Hubble Space Telescope (HST). These NICMOS broadband images reveal new NIR point sources, clusters, and diffuse structures. We found an excellent spatial correlation between the 8.4 GHz radio continuum and the 2.2mu-m nebular emission. Moreover, massive young stellar object candidates appear aligned with these radio peaks, reinforcing the idea that those areas are star-forming regions. Three different scaled OB associations are recognized in the NICMOS images. The brightest NIR sources in our images have properties that suggest that they are red supergiant stars, of which one of them was previously known. This preliminary analysis of the NICMOS images shows the complexity of the stellar content of the NGC 604 nebula.Comment: Paper presented in the Workshop "Young massive star clusters: initial conditions and environments" (Granada, Spain - Sept 2007). Astrophysics & Space Science in press, 7 pages, 4 figure

Compact Trip Representation over Networks

The final publication is available at Springer via http://dx.doi.org/10.1007/978-3-319-46049-9_23[Abstract] We present a new Compact Trip Representation ( CTRCTR ) that allows us to manage users’ trips (moving objects) over networks. These could be public transportation networks (buses, subway, trains, and so on) where nodes are stations or stops, or road networks where nodes are intersections. CTRCTR represents the sequences of nodes and time instants in users’ trips. The spatial component is handled with a data structure based on the well-known Compressed Suffix Array ( CSACSA ), which provides both a compact representation and interesting indexing capabilities. We also represent the temporal component of the trips, that is, the time instants when users visit nodes in their trips. We create a sequence with these time instants, which are then self-indexed with a balanced Wavelet Matrix ( WMWM ). This gives us the ability to solve range-interval queries efficiently. We show how CTRCTR can solve relevant spatial and spatio-temporal queries over large sets of trajectories. Finally, we also provide experimental results to show the space requirements and query efficiency of CTRCTR .Ministerio de Economía y Competitividad; TIN2013-46238-C4-3-RMinisterio de Economía y Competitividad; TIN2013-47090-C3-3-PMinisterio de Economía y Competitividad; IDI-20141259Ministerio de Economía y Competitividad; ITC-20151305Ministerio de Economía y Competitividad; ITC-20151247Xunta de Galicia; GRC2013/053Chile.Fondo Nacional de Desarrollo Científico y Tecnológico; 1140428Chile. Instituto de Sistemas Complejos de Ingeniería ; FBO 1

Impact on Tannat wines aroma produced by different yeast using three vinification systems

Vinifications were conducted using pure cultures of Saccharomyces cerevisiae, and mixed cultures by sequential inoculation of a Hanseniaspora vineae (T02/05F) and Hanseniaspora clermontiae (A10/82F), with a Saccharomyces cerevisiae conventional strain. The vinification systems applied to Tannat grapes were defined: semipilot, pilot and industrial scale. Fifty-one volatile compounds were identified in all the vinifications, sixteen of them were above the aroma threshold values and potentially contributed to the final sensory profiles. A sensory characterization of aroma was carried out using the projective mapping technique, with forty-eight consumers who made evaluation of the three vinifications. Multiple factorial analysis was used to compare the chemical and sensory data to find correlations. The results obtained from both methodologies were coincident, confirming the aromatic tendencies found in the different vinifications. Both studies demonstrated that wines obtained by semipilot scale was characterized by descriptors associated with “chemical” and “floral”; those from pilot vinification by the “spicy” descriptor; while industrial vinification produced wines described as “fruit” and “wood”

Towards an improvement in the spectral description of central stars of planetary nebulae

Context. There are more than 3000 known Galactic planetary nebulae, but only 492 central stars of Galactic planetary nebulae (CSPN) have known spectral types. It is vital to increase this number in order to have reliable statistics, which will lead to an increase of our understanding of these amazing objects. Aims. We aim to contribute to the knowledge of central stars of planetary nebulae and stellar evolution. Methods. This observational study is based on Gemini Multi-Object Spectrographs (GMOS) and with the Intermediate Dispersion Spectrograph (IDS) at the Isaac Newton Telescope spectra of 78 CSPN. The objects were selected because they did not have any previous classification, or the present classification is ambiguous. These new high quality spectra allowed us to identify the key stellar lines for determining spectral classification in the Morgan-Keenan (MK) system. Results. We have acquired optical spectra of a large sample of CSPN. From the observed targets, 50 are classified here for the first time while for 28 the existing classifications have been improved. In seven objects we have identified a P-Cygni profile at the He I lines. Six of these CSPN are late O-Type. The vast majority of the stars in the sample exhibit an absorption-Type spectrum, and in one case we have found wide emission lines typical of [WR] stars. We give a complementary, and preliminary, classification criterion to obtain the sub-Type of the O(H)-Type CSPN. Finally, we give a more realistic value of the proportion of CSPN that are rich or poor in hydrogen.Instituto de Astrofísica de La Plat

Chemical characterization and enological potential of less frequent red grape Uruguayan varieties by study secondary metabolites

Study of secondary grape metabolites, such as polyphenol compounds (anthocyanins, flavonols, flavan-3-ols), volatile compounds present in grapes in both free and glycoside forms (monoterpenols, norisoprenoids, benzenoids), allowed us to characterize grape varieties and to suggest the best winemaking practices to maximize their enological potential. The Vitis viníferas studied in the present work are less frequent red grape varieties cultivated in small vineyards in southern Uruguay (Montevideo and Canelones Provinces): Ancellota, Aspiran Bouschet (syn. Lacryma Christi), Marselan (Grenache × Cabernet Sauvignon), Arinarnoa (Tannat × Cabernet Sauvignon), Egiodola (Abouriou × Tinta Negra Mole) and Caladoc (Malbec × Grenache)

Cost-effectiveness of multicomponent interventions in type 2 diabetes mellitus in a cluster randomised controlled trial: the INDICA study

Objective: To analyse the cost-effectiveness of multicomponent interventions designed to improve outcomes in type 2 diabetes mellitus (T2DM) in primary care in the Canary Islands, Spain, within the INDICA randomised clinical trial, from the public health system perspective. Design: An economic evaluation was conducted for the within-trial period (2 years) comparing the four arms of the INDICA study. Setting: Primary care in the Canary Islands, Spain. Participants: 2334 patients with T2DM without complications were included. Interventions: Interventions for patients (PTI), for primary care professionals (PFI), for both (combined intervention arm for patients and professionals, CBI) and usual care (UC) as a control group. Outcomes: The main outcome was the incremental cost per quality-adjusted life-years (QALY). Only the intervention and the healthcare costs were included. Analysis: Multilevel models were used to estimate results, and to measure the size and significance of incremental changes. Missed values were treated by means of multiple imputations procedure. Results: There were no differences between arms in terms of costs (p=0.093), while some differences were observed in terms of QALYs after 2 years of follow-up (p=0.028). PFI and CBI arms were dominated by the other two arms, PTI and UC. The differences between the PTI and the UC arms were very small in terms of QALYs, but significant in terms of healthcare costs (p=0.045). The total cost of the PTI arm (€2571, 95% CI €2317 to €2826) was lower than the cost in the UC arm (€2750, 95% CI €2506 to €2995), but this difference did not reach statistical significance. Base case estimates of the incremental cost per QALY indicate that the PTI strategy was the cost-effective option. Conclusions: The INDICA intervention designed for patients with T2DM and families is likely to be cost-effective from the public healthcare perspective. A cost-effectiveness model should explore this in the long term.This study received financial support from the Spanish Ministry of Economy, Industry and Competitiveness (Instituto de Salud Carlos III), grants: ADE10/00032 and PI16/00769, jointly funded by the European Regional Development Fund (FEDER) ‘A way to make Europe’. The sponsor did not play any role in study design, collection, analysis and interpretation of data, drawing up of the report or the decision to submit the article for publication.S