The Impact Of The Proposed Patent Act Of 2005 On Universities
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The Impact Of The Proposed Patent Act Of 2005 On Universities
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Author : Ted Hagelin
language : en
Publisher:
Release Date : 2015
The Impact Of The Proposed Patent Act Of 2005 On Universities written by Ted Hagelin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The proposed Patent Act of 2005 is claimed to be the most comprehensive reform of U.S. patent law since Congress passed the 1952 Patent Act. This paper first reviews the main provisions in the Patent Act of 2005 including the adoption of a first-to-file system, the continuation of the CREATE Act, filing patent applications by assignees, elimination of the best mode of practice requirement, changes in the duty of candor, tightening the requirements for willful infringement, raising the bar for injunctions in infringement suits, limiting continuation applications, and establishing post-grant opposition proceedings. The paper then considers the Congressional testimony of the Wisconsin Alumni Research Foundation and a collection of major university associations regarding the potential impact of the proposed reform measures on universities.
The Commercialisation Of University Research
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Author : Kieran Durcan
language : en
Publisher:
Release Date : 2006
The Commercialisation Of University Research written by Kieran Durcan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Patent laws and legislation categories.
Patents And Professors
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Author : Anna Marion Bieri
language : en
Publisher: Mohr Siebeck
Release Date : 2022-06-14
Patents And Professors written by Anna Marion Bieri and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-14 with Law categories.
Who owns inventions developed at US research universities? And who benefits from the current ownership regime? To answer these questions, Anna Marion Bieri discusses the transformation which has taken place in academia in regard to the involvement and commercialisation of patents and the effect university patenting has had on the academic mission and the scientific commons. Special emphasis is placed on the history and implementation of the Bayh-Dole Act - a widely-discussed law which facilitated the patenting and commercialisation of federally funded university inventions. On this basis, the author explores who should benefit from university inventions and how the current ownership regime should be modified to achieve this purpose. Finally, Anna Marion Bieri proposes that universities employ patents strategically in accordance with their research strengths.
Innovation And Litigation
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Author : Jacob H. Rooksby
language : en
Publisher:
Release Date : 2013
Innovation And Litigation written by Jacob H. Rooksby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Universities that own patents have a problem. While nearly all are keen to enhance their revenue generated from patents, few are eager or prepared to enforce them in court, alone or with their exclusive licensees, should a third party deploy a product or process covered by a university-owned patent. Yet strict prudential standing requirements imposed by the United States Court of Appeals for the Federal Circuit (“CAFC”) effectively require university participation as plaintiffs in enforcement lawsuits over their exclusively licensed patents, regardless of a university's effective ability or enthusiasm to participate in a given action. Supported by forty years of lawsuit data and original survey and interview data collected from high-level administrators at universities that litigate patents, this Article explores in depth the complicated legal and policy tensions presented by university participation as plaintiffs in patent infringement litigation. I offer two proposals for alleviating these tensions. The first proposal urges universities to move toward a coherent position on patent ownership and enforcement, particularly in light of recent trends in higher education finance. The second proposal outlines a potential legislative amendment to the Patent Act that would allow universities to enjoy the revenue-generation aspect of patent ownership while freeing them from the legal compulsion to participate as co-plaintiffs with their exclusive licensees in enforcement actions. This novel tweaking of the CAFC's prudential standing requirement would save universities untold time and money that they currently spend pursuing litigation. By permitting universities to focus more on innovation and less on litigation, this proposal also would better align societal expectations for university commercialization efforts with the public interest.
Changes In University Patent Quality After The Bayh Dole Act
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Author : Bhaven N. Sampat
language : en
Publisher:
Release Date : 2006
Changes In University Patent Quality After The Bayh Dole Act written by Bhaven N. Sampat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
The Bayh-Dole Act of 1980 facilitated the retention by universities of patent rights resulting from government funded academic research, thus encouraging university entry into patenting and licensing. Though the Act is widely recognized to be a major change in federal policy towards academic research, surprisingly little empirical analysis has been directed at assessing its impacts on the academy and on university-industry research relationships. An important exception is the work of Henderson et al. [Rev. Econ. Stat. 80 (1998) 119-127] which examined the impact of Bayh-Dole on the quality of university patents, as measured by the number of times they are cited in subsequent patents. The authors found that the quality of academic patents declined dramatically after Bayh-Dole, a finding that has potentiallyimportant policy implications. Inthis paper, we revisit this influential finding. By using a longer stream of patent citations data, we show that the results of the Henderson et al. study reflect changes in the intertemporal distribution of citations to university patents, rather than a significant change in the total number of citations these patents eventually receive. This has important implications not only for the evaluation of Bayh-Dole, but also for future research using patent citations as economic indicators.
The State Of Patenting At Research Institutions In Developing Countries Policy Approaches And Practices
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Author : Pluvia Zuniga
language : en
Publisher: WIPO
Release Date : 2011
The State Of Patenting At Research Institutions In Developing Countries Policy Approaches And Practices written by Pluvia Zuniga and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
This study discusses the opportunities and challenges offered by patents to foster technology transfer from government funded research institutions in developing countries. It presents a review of policy frameworks and recent policy changes aimed to foster academic patenting and technology transfer in low- and middle-income countries. It then analyzes patenting activities by universities and public research organizations and compares these trends with respect to high-income countries. This analysis is complemented with an assessment of the current state of patenting and technology commercialization practices in a selected group of technology transfer offices.
Innovation Specific Patent Protection And Growth
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Author : Silvia Galli
language : en
Publisher:
Release Date : 2012
Innovation Specific Patent Protection And Growth written by Silvia Galli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Economic development categories.
In this thesis, I am undertaking the analysis of the effects of increasing intellectual property rights on the reallocation of different kinds of research and development within an endogenous growth framework. This thesis' approach considers the innovation process as sequential and cumulative in nature and studies the effects of different property rights regimes on a country's innovative performance. In particular, by explicitly modelling basic and applied research and development (R & D) within a general equilibrium framework, I try to overtake the existing growth theory, which usually aggregates all sources of R & D and innovation, neglecting intermediate inventive steps. My approach is certainly inspired by the current Schumpeterian growth theory (see Aghion and Howitt, 1998 and 2009), which envisages new products and processes arising from Poisson processes, whose arrival rates depend on private and public R & D. However, unlike the previous Schumpeterian models, in most of the chapters of this thesis, creative destruction itself is modelled as a two-stage processes, or more precisely, as a sequence of investment decisions in R & D, whose result is a probability to invent (basic research) or to innovate (applied research). Hence, the first step, "basic research", creates a research tool which is by itself not profitable, but has the potential to become the basis for the second step innovation. The second step is a marketable product which increases consumers' utility and, through the grant of a patent, generates the monopolistic rent for the second step innovator, i.e. the manufacturer of the new product. This is a natural and simple way to explicitly model basic and applied research, yet it entails non-trivial technical complications in the models along with strong policy implications. Chapter 2 tries to answer the following research question: in order to foster innovation and growth should basic research be publicly or privately funded? This chapter studies the impact of the shift in the U.S. patent system towards the patentability and commercialization of the basic R & D undertaken by universities. Such a shift rendered the U.S. universities more responsive to "market" forces. Prior to 1980, universities undertook research employing researchers motivated by "curiosity." After 1980, universities patent their research and behave as private firms. This move, in a context of two-stage inventions (basic and applied research) has an a priori ambiguous effect on innovation and welfare. Chapter 2 builds a Schumpeterian model and matches it to the data to evaluate this important turning point. iii Chapter 3 extends the model presented by Chapter 2 by introducing Kremer's (1998) mechanism for inducing innovation by means of auctions for new patents. Such patent buy-outs are run by the public sector in order to reward innovators and freely disseminate most of the new basic research findings. My work is the first attempt to use Kremer's idea to address the issue of the patentability of basic research and the financing of early innovation. The same Chapter 3 also quantitatively analyses the impact of the so called "research exemption" of patented basic knowledge. Under the research exemption doctrine, if the second innovator is successful in developing a saleable product or process, then he or she can patent it and yet infringe another patent. The key question that modern economies' innovation systems have been facing in the past few decades is: how should basic research be funded in view of maximizing the efficiency of the innovation system as a whole? In other words, is it possible to conceive the privatization of a country's basic knowledge and an efficient system of incentives to basic research? The study presented by Chapter 4 provides a quantitative assessment on the effects of the US patent reforms that, at the beginning of the Eighties, brought to the patentability of research tools, often invented by the university-led research activity. In particular, Chapter 4 re-examines the policy scenarios and the comparisons presented throughout Chapter 2 and Chapter 3 in order to try to provide these two with a robust empirical support. In the first scenario, only the public sector institutions undertake basic research, rendering all results publicly available for firms, racing to find patentable applications. In the second scenario, important for assessing the post-1980 reforms in the US system of innovation, basic research itself is privatized, and hence patented by private firms. The most important question for the political economy of basic research is which system is most conducive to innovation and growth. The public system permits more idea dissemination, but may not give basic researchers enough incentives to focus their research on the directions most needed by the private developers downstream. The private system optimally channels basic research, but, by allowing the patentability of ideas upstream, precludes free entry into applied R & D. This generates conflicting effects, and the policy conclusions depend on the value of all the relevant parameters in the economy. In Chapter 4, I estimated the most important of these parameters with the US data immediately preceding the major reorganization of university and basic research in the 80s, and I simulated the two scenarios. The resulting simulations show that public R & D system, prevailing at that time, was indeed outperforming every privatized alternative scenario. iv Since the incentives to conduct basic or applied research play a central role for economic growth, Chapter 5 tries to answer the following research question: how does increasing early innovation appropriability affect basic research, applied research, education, and wage inequality? Chapter 5 analyses the macroeconomic effects of patent protection by incorporating a two-stage cumulative innovation structure into a quality-ladder growth model with skill acquisition. It focuses on two issues (a) the over-protection vs. the under-protection of intellectual property rights in basic research; (b) the evolution of jurisprudence shaping the bargaining power of the upstream innovators. It shows that the dynamic general equilibrium interactions may seriously mislead the empirical assessment of the growth effects of IPR policy: stronger protection of upstream innovation always looks bad in the short- and possibly medium-run. In a common law system an explicit dynamic macroeconomic analysis is appropriate; hence I have incorporated the mathematical modelling of the evolution of the common law into the rational expectations of the agents. This major modification allows me to schematically replicate the evolution of the skill premium, education, and strengthening of intellectual property rights (IPR) happened in the US during the Eighties and Nineties of the XX century. Chapter 5 also provides a simple "rule of thumb" indicator of the basic researcher bargaining power and 5 shows that IPR evolution can be introduced into a fully rational expectation framework. This helps explaining the well-known dynamics of the skill premium and education in the US, that motivated well-known theories of skill biased technical change and directed technical change (see Acemoglu 2008). Chapter 6, finally, draws inspiration from an important recent empirical literature on competition and productivity in the service sectors (see Nicoletti and Scarpetta, 2003; Alesina et al., 2005; Griffith et al., 2006; Aghion et al., 2006) to build a theoretical framework to predict whether innovation is hampered by the lack of completion in the non-manufacturing sectors. In this final chapter, I have built a simple model of process innovation where the provision of essential services (intermediate inputs, for example financial services or transports) for the production of the final good is subject to sectorial regulation, which shapes the market structure of the intermediate sector as a non-competitive one. The structure adopted in this chapter allows examining the effects on the economy of the presence of two different monopolized tasks: the intermediate service provision and the use of the innovation. The ultimate purpose is to show how the lack of competition in an intermediate essential sector, like the service sector, is actually able to depress productivity growth in the final sector.
Patent Act Of 2005
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
language : en
Publisher:
Release Date : 2005
Patent Act Of 2005 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Innovation Economic Development And Intellectual Property In India And China
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Author : Kung-Chung Liu
language : en
Publisher: Springer Nature
Release Date : 2019-09-06
Innovation Economic Development And Intellectual Property In India And China written by Kung-Chung Liu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-06 with Law categories.
This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.
The Patentability Of Human Beings
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Author : Alexandra MacBean
language : en
Publisher:
Release Date : 2001
The Patentability Of Human Beings written by Alexandra MacBean and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Biotechnology categories.