Download or read book The Battle Over Patents written by Stephen H. Haber and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.
Download or read book The Battle Over Patents written by Stephen H. Haber and published by . This book was released on 2021 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Battle over Patents traces the long and contentious history of patents, examining how they have worked in practice. The essays in this volume, written by leading social scientists, historians, and legal academics, explore the shortcomings of imperfect patent systems and explain why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.
Download or read book The Battle Over Patents written by Stephen H. Haber and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they typically get the history wrong. The purpose of this book is to get the history right by showing that patent systems are the product of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties, now and in the past, to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections; nirvana is not on the menu. The most interesting intellectual issue is not how patent systems are imperfect, but why historically US-style patent systems have come to dominate all other methods of encouraging inventive activity. The answer offered by the essays in this volume is that they create a temporary property right that can be traded in a market, thereby facilitating a productive division of labor and making it possible for firms to transfer technological knowledge to one another by overcoming the free-rider problem. Precisely because the value of a patent does not inhere in the award itself but rather in the market value of the resulting property right, patent systems foster a decentralized ecology of inventors and firms that ceaselessly extends the frontiers of what is economically possible"--
Download or read book The Patent Wars written by Fred Warshofsky and published by . This book was released on 1994-10-17 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the "Diaper Wars" that pitted Procter & Gamble against Kimberly-Clark to disputes over high-temperature superconductors, veteran technology writer Fred Warshofsky tracks patent litigation's path to becoming one of the most potent financial tools of the 1990s. The stakes are enormous. For example, Honeywell Inc. more than doubled its net income for the third quarter of 1992 despite lower operating revenue by winning some dozen patent infringement suits against Japanese camera makers, including a tidy $96 billion from Minolta. Japanese companies frequently win. In a revealing analysis of the patent wars in Japan, Warshofsky shows how Japanese industries surround basic patents with clusters of patent modifications. In the global winner-take-all battle, this strategy gives them effective control over the licensing and usefulness of the original invention. The patent game becomes more complicated with the development of each new product and technology. Nowhere is the phenomenon more evident than in software, semiconductors, and biotechnology. Warshofsky delves into each of these highly sophisticated industries. In the software industry, for instance, Warshofsky dissects patent battles such as Apple v. Microsoft and Borland v. Lotus that have made front-page headlines. The Patent Wars is the first book to take an incisive look at this new business offensive and its consequences, including hackers and piracy in cyberspace. As more and more companies deliberately strive to prohibit competition and innovation, this stimulating and highly informative book will become essential reading for people in business and finance, technology-watchers, and policymakers.
Download or read book The Democratization of Invention written by B. Zorina Khan and published by Cambridge University Press. This book was released on 2005-09-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2005, examines the evolution and impact of American intellectual property rights during the 'long nineteenth century'.
Download or read book Patent Politics written by Shobita Parthasarathy and published by University of Chicago Press. This book was released on 2017-02-21 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social. To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.
Download or read book Patent Wars written by Thomas F. Cotter and published by Oxford University Press. This book was released on 2018 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.
Download or read book Innovators Firms and Markets written by Jonathan M. Barnett and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities"--
Download or read book Inventing Ideas written by B. Zorina Khan and published by Oxford University Press. This book was released on 2020-05-22 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: What determines why some countries succeed and others fall behind? Economists have long debated the sources of economic growth, resulting in conflicting and often inaccurate claims about the role of the state, knowledge, patented ideas, monopolies, grand innovation prizes, and the nature of disruptive technologies. B. Zorina Khan's Inventing Ideas overturns conventional thinking and meticulously demonstrates how and why the mechanism design of institutions propels advances in the knowledge economy and ultimately shapes the fate of nations. Drawing on the experiences of over 100,000 inventors and innovations from Britain, France, and the United States during the first and second industrial revolutions (1750-1930), Khan's comprehensive empirical analysis provides a definitive micro-foundation for endogenous macroeconomic growth models. This groundbreaking study uses comparative analysis across time and place to show how different institutions affect technological innovation and growth. Khan demonstrates how top-down innovation systems, in which elites, state administrators, or panels make key economic decisions about prizes, rewards and the allocation of resources, prove to be ineffective and unproductive. By contrast, open-access markets in patented ideas increase the scale and scope of creativity, foster diversity and inclusiveness, generate greater knowledge spillovers, and enhance social welfare in the wider population. When institutions are associated with rewards that are misaligned with economic value and productivity, the negative consequences can accumulate and reduce comparative advantage at the level of individuals and nations alike. So who will arise as the global leader of the twenty-first century? The answer depends on the extent to which we learn and implement the lessons from the history of innovation and enterprise.
Download or read book The Pocket Legal Companion to Patents written by Carl W. Battle and published by Simon and Schuster. This book was released on 2013-10-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many great ideas fail because the inventors do not take the appropriate steps to protect, promote, and profit from their ideas. This friendly guide will walk you through everything that needs to be done before you can expect to realize financial gain from your invention. Experienced patent attorney Carl W. Battle provides methods for commercializing your invention, sources of information and assistance, and helpful guidelines for obtaining a US patent on your idea. Specific topics include: Using patent attorneys and agents Dealing with invention brokers and promotion firms Maintaining confidentiality of your ideas Obtaining foreign patent rights Enforcing your patent against infringement Licensing opportunities And much more This invaluable handbook also offers information that can assist in the selection of an attorney or patent agent, and will help you to get involved and monitor the patent and marketing process. Finally, easy-to-use forms and step-by-step instructions give you the option of saving money by handling the patenting and commercializing processes without hiring a patent attorney or invention broker. If you have an idea for an invention that could improve productivity, create jobs, or solve some long-standing problem, then pick up this Pocket Legal Companion™ and learn how to maximize your profits.
Download or read book A Triumph of Genius written by Ronald K. Fierstein and published by Ankerwycke. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major business biography of Polaroid and its founder and inventor Edwin Land, covers how the company grew from the initial Polavision prototypes during World War II, to the 1980s landmark patent infringement trial against Kodak that nearly brought the company to its knees.
Download or read book Comparative Patent Remedies written by Thomas F. Cotter and published by Oxford University Press. This book was released on 2013-03-21 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.
Download or read book The Perfect Theory written by Pedro G. Ferreira and published by HMH. This book was released on 2014-02-04 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the best popular accounts of how Einstein and his followers have been trying to explain the universe for decades” (Kirkus Reviews, starred review). Physicists have been exploring, debating, and questioning the general theory of relativity ever since Albert Einstein first presented it in 1915. This has driven their work to unveil the universe’s surprising secrets even further, and many believe more wonders remain hidden within the theory’s tangle of equations, waiting to be exposed. In this sweeping narrative of science and culture, an astrophysicist brings general relativity to life through the story of the brilliant physicists, mathematicians, and astronomers who have taken up its challenge. For these scientists, the theory has been both a treasure trove and an enigma. Einstein’s theory, which explains the relationships among gravity, space, and time, is possibly the most perfect intellectual achievement of modern physics—yet studying it has always been a controversial endeavor. Relativists were the target of persecution in Hitler’s Germany, hounded in Stalin’s Russia, and disdained in 1950s America. Even today, PhD students are warned that specializing in general relativity will make them unemployable. Still, general relativity has flourished, delivering key insights into our understanding of the origin of time and the evolution of all the stars and galaxies in the cosmos. Its adherents have revealed what lies at the farthest reaches of the universe, shed light on the smallest scales of existence, and explained how the fabric of reality emerges. Dark matter, dark energy, black holes, and string theory are all progeny of Einstein’s theory. In the midst of a momentous transformation in modern physics, as scientists look farther and more clearly into space than ever before, The Perfect Theory exposes the greater relevance of general relativity, showing us where it started, where it has led—and where it can still take us.
Download or read book A Patent Lie written by Paul Goldstein and published by Anchor. This book was released on 2009-05-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: A gripping inside look at high-stakes lawyering, A Patent Lie is further evidence that Paul Goldstein is an emerging master of the legal thriller.After being forced from his high-powered Manhattan law firm, Michael Seeley—the tough-but-wounded hero of Errors and Omissions—has set up shop in his native Buffalo. Partly out of need, partly out of pride, Seeley takes on a case for his estranged brother, whose small biotech firm is suing a Swiss pharmaceutical giant over a controversial new AIDS vaccine. Seeley heads out to Silicon Valley to lead the case, but soon realizes there is much more at stake than he was first led to believe. As certain partnerships come to light, and financial gains become staggeringly clear, Seeley's own life may be in grave danger.
Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
Download or read book Patents in the Knowledge Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Download or read book Intellectual Property Law and Access to Medicines written by Srividhya Ragavan and published by Routledge. This book was released on 2021-07-28 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought. In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
