A Case for Weakening Patent Rights

(Excerpt) In Part I, this Article introduces the new and emerging technologies, including the Internet, cloud computing, three-dimensional (“3D”) printing, and synthetic biology, which will bring this radical change. Part II provides an overview of the innovation cycle, including the stages of basic research, inventing and prototyping, product development, marketing, and distribution. It also describes, in detail, how these new technologies are dramatically lowering the costs and risks of all stages in the innovation cycle. Part III considers how lawmakers might adapt patent law to account for the new age of innovation and its lower costs of innovation. This Article explores both the magnitude of the change and the method by which that change should be accomplished; specifically, it analyzes various factors that might affect the magnitude of the change to patent strength, such as nonmonetary incentives to innovate, decreased costs of copying innovations, and concerns about U.S. companies’ competitiveness in a global marketplace. After considering these factors, this Article recommends that lawmakers weaken patents by at least twenty-five to fifty percent. Such a change would not only account for decreased costs of innovation, but also would be large enough for the change to be unequivocally felt and studied. To accomplish this reduction in patent strength this Article explores shortening the patent term, but with the understanding that to do so would be politically difficult. Thus, it recommends dramatically raising patent maintenance and renewal fees for the end portion of patents’ lives. Finally, this Article also briefly explores doctrinal changes that could weaken patents in specific technology sectors and explain why we consider them a second-best option

A Case for Weakening Patent Rights

This Article contributes to the patent debate by observing that new and emerging technologies are radically altering the relative costs and benefits of the patent system. Although analysts cannot measure the patent system\u27s numerous absolute costs and benefits, this Article demonstrates that new and emerging technologies are significantly reducing the research, development, and commercialization costs ( innovation costs ) that are used by adherents to the incentive and prospect theories to justify the patent system\u27s existence. All things being equal, if significantly, the relative need for the patent system has decreased and will continue to decrease. Thus, this Article argues that patents should be weakened significantly-by at least twenty-five to fifty percent. To support this claim, this Article takes an interdisciplinary approach out of appreciation for the fact that innovation spans many disciplines: Two of the authors are scientists with extensive expertise in three-dimensional printing, and the remaining author is a law professor who is an expert on patent law. Altogether, this Article offers a thorough catalog of new and emerging technologies and their effects, both general and specific, on innovation costs and the patent system

A Case for Weakening Patent Rights

(Excerpt) In Part I, this Article introduces the new and emerging technologies, including the Internet, cloud computing, three-dimensional (“3D”) printing, and synthetic biology, which will bring this radical change. Part II provides an overview of the innovation cycle, including the stages of basic research, inventing and prototyping, product development, marketing, and distribution. It also describes, in detail, how these new technologies are dramatically lowering the costs and risks of all stages in the innovation cycle. Part III considers how lawmakers might adapt patent law to account for the new age of innovation and its lower costs of innovation. This Article explores both the magnitude of the change and the method by which that change should be accomplished; specifically, it analyzes various factors that might affect the magnitude of the change to patent strength, such as nonmonetary incentives to innovate, decreased costs of copying innovations, and concerns about U.S. companies’ competitiveness in a global marketplace. After considering these factors, this Article recommends that lawmakers weaken patents by at least twenty-five to fifty percent. Such a change would not only account for decreased costs of innovation, but also would be large enough for the change to be unequivocally felt and studied. To accomplish this reduction in patent strength this Article explores shortening the patent term, but with the understanding that to do so would be politically difficult. Thus, it recommends dramatically raising patent maintenance and renewal fees for the end portion of patents’ lives. Finally, this Article also briefly explores doctrinal changes that could weaken patents in specific technology sectors and explain why we consider them a second-best option

Waterbird and Wetland Monitoring at The Emiquon Preserve Annual Report 2016

The Nature Conservancy (TNC) identified key ecological attributes (hereafter, KEAs) of specific biological characteristics or ecological processes that could indicate restoration success and trajectory at the Emiquon Preserve (hereafter Emiquon; The Nature Conservancy 2006). Because of the historic importance of the Illinois River valley to waterfowl and other waterbirds, several conservation targets and associated KEAs at Emiquon were related to waterbird communities and their habitats (Appendix A). Inde ed, use of wetlands by waterbirds may serve as an indicator of landscape condition or a measure of restoration success (Austin et al. 2001, Gawlik 2006). Therefore, we monitored the response of wetland vegetation and waterbirds to restoration efforts at Emiquon during 2016 to evaluate restoration success relative to desired conditions under the relevant KEAs. Our primary efforts included evaluating: 1) abundance, diversity, and behavior of waterfowl and other waterbirds through autumn aerial counts and spring ground counts; 2) productivity by waterfowl and other waterbirds through brood counts and nest searches; 3) plant seed biomass to estimate energetic carrying capacity for waterfowl during autumn migration; 4) biomass of wetland plants and seeds emigrating from Emiquon through the water control structure; and 5) composition and arrangement of wetland vegetation communities and associated cover types through geospatial covermapping and soil properties in response to water management. Herein, we report results of our monitoring efforts and interpret them as a means of evaluating restoration activities at Emiquon with respect to desired conditions under the KEAs.The Nature Conservancy Contract Number: C07-032unpublishednot peer reviewedOpe

Waterbird and wetland monitoring at the Emiquon Preserve: Annual Report 2014

The Nature Conservancy (TNC) identified key ecological attributes (hereafter, KEAs) of specific biological characteristics or ecological processes that could indicate restoration success and trajectory at the Emiquon Preserve (hereafter Emiquon; The Nature Conservancy 2006). Because of the historic importance of the Illinois River valley to waterfowl and other waterbirds, several conservation targets and associated KEAs at Emiquon were related to waterbird communities and their habitats(Appendix A). Indeed, use of wetlands by waterbirds may serve as an indicator of landscape condition or a measure of restoration success (Austin et al. 2001,Gawlik 2006). Therefore, we monitored the response of wetland vegetation and waterbirds to restoration efforts at Emiquon during 2014to evaluate restoration success relative to desired conditions under the relevant KEAs. Our primary efforts included evaluating: 1) abundance, diversity, and behavior of waterfowl and other waterbirds through autumn aerial counts and spring ground counts; 2) productivity by waterfowl and other waterbirds through brood counts; 3) plant seed and invertebrate biomass to estimate energetic carrying capacity for waterfowl during migration and breeding periods;and 4) composition and arrangement of wetland vegetation communities and associated cover types through geospatial cover mapping.Herein, we report results of our monitoring efforts and interpret them as a means of evaluating restoration activities at Emiquon with respect to desired conditions under the KEAs.The Nature Conservancyunpublishednot peer reviewe

Short-term Effects of Initial Flood Disturbance on Restoration Projects: Waterbirds and Wetland Vegetation Final Report Period: 1 September 2013 – 31 August 2015

During spring 2013, record flooding occurred on the Illinois River. Emiquon and Merwin Preserves, two restored but hydrologically-isolated floodplains, were reconnected to the Illinois River for the first time in >80 years. Both Preserves are owned and managed by The Nature Conservancy and have been the focus of monitoring efforts since restoration began. Moreover, flooding intensity was not equal at these locations. Levees at Merwin Preserve breached, establishing a two-way hydrologic connection between the floodplain and the Illinois River at moderate river stages (i.e., partial connection). Conversely, levees held at Emiquon Preserve, facilitating a one-way input of water into this floodplain over top of levees (i.e., limited connection). These conditions created two case studies under which a natural experiment unfolded. Our objective was to document and assess site-specific post-flood changes in biotic communities from pre-flood states and trajectories. We hypothesized that waterbird communities would remain unchanged at Emiquon Preserve, but these communities would be negatively affected by the partial river connection at Merwin Preserve. Consequently, we anticipated less overall waterbird use, lower species diversity, and a shift in dominant species from herbivorous and granivorous waterbirds to piscivorous birds at Merwin Preserve. Likewise, we hypothesized that vegetation communities would be negatively affected by the partial river connection at Merwin Preserve resulting in decreased submersed and emergent aquatic macrophyte coverage, but vegetation communities would remain resilient to the limited connection at Emiquon Preserve and change minimally.University of Illinois at Springfield & National Science Foundation Federal Award Number: 1347077Illinois Department of Natural Resources, Division of WildlifeThe Nature ConservancyU.S. Fish and Wildlife Serviceunpublishednot peer reviewedOpe

Waterbird and Wetland Monitoring at The Emiquon Preserve: Final Report 2007–2015

Historically, the wetlands of the Illinois River valley (IRV) provided extensive and valuable habitat to migrating waterbirds and other wetland-dependent wildlife in the Upper Midwest (Havera 1999). The Nature Conservancy’s Emiquon Preserve (2,700 ha) is a portion of a former floodplain of the Illinois River that was farmed for >80 years, isolated behind river levees, and has been undergoing restoration to a complex of wetlands and uplands since 2007. Since hydrology returned in 2007, we have monitored key ecological attributes (hereafter, KEAs) of specific biological characteristics or ecological processes related to waterbird communities and their habitats. Wetland vegetation communities and associated cover types have increased almost 800% since 2007, expanding from 255 ha to 2017 ha in autumn 2015. Aquatic bed vegetation has comprised >50% of Emiquon Preserve since 2009, but important emergent plant communities have declined in recent years as the complex has reached the lake marsh stage due to elevated and stabilized water levels. Waterfowl and other waterbirds visit Emiquon Preserve in great numbers each autumn and spring migration, with species such as American coot, northern pintail, green-winged teal, and gadwall selecting Emiquon compared to other wetlands and lakes in the IRV. The abundant aquatic bed and hemi-marsh plant communities collectively provide more food for waterbirds than do other nearby wetlands, such as the south pool of Chautauqua National Wildlife Refuge. Consistent with the >30 million energetic use days provided annually at Emiquon Preserve, dabbling and diving ducks behaviors are dominated by feeding indicating the importance of the aquatic plant communities as foraging habitat. Emiquon also provides breeding habitat for species of conservation concern, such as common gallinule and pied bill grebe, as well as several species of ducks, geese, and other waterbirds. However, we have noted recent declines in persistent emergent vegetation, moist- 3 soil vegetation, brood counts which act as an index of waterbird productivity, duck use days during autumn migration, and invertebrate abundance during brood-rearing periods which we assume is related to the transition of Emiquon Preserve into the lake marsh stage. While we acknowledge that different succession phases benefit different guilds of wildlife, we suggest that a drawdown will be necessary to restore some of the emergent vegetation communities and with it the response of wildlife in the system.The Nature Conservancy’s (TNC) Illinois River Project Office, contract number C07-032unpublishednot peer reviewedOpe

True Metabolized Energy of Submersed Aquatic Vegetation in Semi-Permanent Marshes for Dabbling Ducks in the Upper Midwest Annual Performance Report Period: 1 July 2015 – 30 June 2016

Our primary objectives were to 1) estimate true metabolizable energy of common species of submersed aquatic vegetation in semi-permanent marsh habitats of the Upper Midwest for gadwall and mallard during autumns 2015–2017, and 2) use current and historic estimates of semi-permanent marsh vegetation communities during autumn within the IRV to document the net change in energetic carrying capacity for dabbling ducks and compare with habitat use by waterfowl using long-term aerial surveys of the Illinois Natural History Survey. We assayed six species of SAV common in the Midwest and that have been previously documented as waterfowl foods: coontail (Ceratophyllum demersum), wild celery (Vallisneria americana), Canadian waterweed (Elodea canadensis), southern naiad (Najas guadalupensis), Eurasian watermilfoil (Myriophyllum spicatum), and sago pondweed (Stuckenia pectinate; Anderson 1959, Stewart 1962, Bergman 1973, Havera 1999, Benedict and Hepp 2000, Hitchcock 2009, Baldassarre 2014). Understanding the energetic value of SAV for dabbling ducks will allow wetland managers to accurately evaluate wetland management practices and conservation planners to develop more accurate energetic carrying capacity models. We predicted that the energetic carrying capacity of semi-permanent marshes containing SAV will be slightly less than if the same wetlands were managed for moist-soil vegetation (Bowyer et al. 2005). We hypothesized that the TME of SAV per unit biomass will be less than that of moist-soil seeds and agricultural grains. Further, we hypothesized that the TME values derived from male and female mallards and between time periods (week of trial) will be similar.United States Fish and Wildlife Service Contract Number: F15AP00687unpublishednot peer reviewedOpe

Condition of Natural Resources Conservation Service Wetland Easements in Illinois Final Progress Report Period: 31 August 2016 – 30 September 2017

During the 2017 fiscal year(1 October2016–30 September 2017), the Illinois Natural History Survey (INHS) conducted wetland monitoring and wetland quality evaluations for the Natural Resources Conservation Service (NRCS) on Agriculture Conservation Easement Program -Wetland Reserve Easements (ACEP-WRE; n= 30). We visited each wetland easement twice; once in autumn/winter (November–January) and again during spring (February–March) totaling 60 easement visits. Easements were located in Lawrence (n=29) and Wayne counties(n=1). Monitored easements comprised eight Emergency Watershed Protection Program-Floodplain Easements (EWPP-FPE) and 22 Wetland Reserve Program (WRP) Easements. The WRP and EWPP-FPE easements were enrolled in NRCS programs prior to 2014 Farm Bill restructuring of wetland easements that now fall into the ACEP-WRE program.We previously submitted easement monitoring worksheets, detailed photographs of easement conditions, and descriptive management plans(Appendix 1) that detailed conditionsof the easements and gave recommendations for improvements to vegetation communities and easement infrastructure for all 30 easements.U.S. Department of Agriculture Natural Resources Conservation Service Agreement Number: 68-5A12-16-509unpublishednot peer reviewedOpe

Illinois Waterfowl Surveys and Investigations W-43-R-62 Annual Progress Report Period: 1 July 2014 – 30 June 2015

This study addresses the following objectives: 1)Inventory abundance and distribution of waterfowl and other waterbirds (a minimum of 10 species and guilds) during autumn migration at a minimum of 40 sites along the Illinois and central Mississippi rivers; 2) Investigate the ecology of canvasback and lesser scaup during spring migration in the central Illinois River valley (IRV) and Pool 19 of the Mississippi River; 3) Estimate waterfowl and other waterbird population sizes (a minimum of 10 species and guilds) during autumn migration using an aerial quadrat survey in the IRV for comparison with aerial inventories (Objective 1); 4) Determine breeding bird use of a minimum of 10 moist-soil wetlands managed for waterfowl during summer in central Illinois; 5) Investigate the breeding ecology of sandhill cranes during spring and summer in northeastern Illinois; 6) Distribute our findings to site managers and biologists, make recommendations for future management, and draw conclusions relevant to regional conservation planning during the project period as appropriate and requested.Illinois Department of Natural Resources, Division of Wildlife & U.S. Fish and Wildlife Service Contract Number: RC09-13FWUIUCunpublishednot peer reviewedOpe