This paper has some interesting points, HIGH TECHNOLOGY ENTREPRENEURS AND THE PATENT SYSTEM: RESULTS OF THE 2008 BERKELEY PATENT SURVEY.
We also report that for many startup companies, patents are an important part of the mix of strategies used by them to capture competitive advantage from their technology innovations. But this important role tends to be much more pronounced among biotechnology and “hardware” companies (including both medical hardware such as surgical devices, and IT hardware, such as computers and semiconductors)
CLS’s Reply Brief is not only illogical it is filled with intellectually dishonest statements. The lack of logic is not surprising given the Supreme Court’s confused and disorganized thinking on the subject, but the intellectual dishonesty is inexcusable. Despite this a careful reading of CLS’s brief shows that their argument fails on its face. If you don’t have a winning argument, confuse and overwhelm them.
CLS’s arguments boil down to Alice’s patent claims preempt the idea of an escrow account and they are a non-practicing entity to boot.
The claims asserted by Alice recite the fundamental economic practice of intermediated settlement or escrow, in which a “middleman” stands between the counterparties to a transaction and effectuates the transfer of entitlement once all conditions are satisfied.
There are so many problems
All that is necessary for the triumph of evil is that good men do nothing.
With two high tech start-ups going gangbusters, former
Adam Mossoff takes on the common claim that patent are too vague in his paper THE TRESPASS FALLACY IN PATENT LAW, by Adam Mossoff, 65 Fla. L. Rev. 1687. The argument is often framed as patents are not like real property where you know if you are trespassing another person’s property. This analogy is flawed, he points out, because property rights in land are not limited physical trespass. Property rights include time (future interest), use, and physical boundaries. The proper analogy would be with the estate or all the property rights associated with land. Then he points out that critics of patents actually have no empirical data on litigation involving all aspects of ‘real property’. He also points out that real property disputes often turn on the meaning
Dale B. Halling, author of Pendulum of Justice (with his wife Kaila) and The Decline and Fall of the American Entrepreneur, has been asked to speak at the Atlas Summit 2014. The topic of his talk will be “Why did Rand Choose Inventor as Galt’s Profession?”
The goal of this book is to define the process of how technology is created and evolves. The author, Arthur W.. Brian, is an economist with an electrical engineering background. The book tackles a very important subject that has barely been scratched. Technology, as the author points out, defines are standard of living. Increasing one’s level of technology is the only way to increase real per capita income. Most books about technology and “innovation” are poorly written, poorly thought out, and meant to sell the author as a mystical guru of innovation. George Gilder being one of the exceptions, but even his writing on the subject is meanders and tied to specific technology trends.
I have been particularly critical of the whole notion of business method patents. Every patent is part of a business and any method patent is therefore broadly speaking a business method patent. The first patent issued in the US was a method of making potash. Since making potash is/was a business the very first patent issued in the US was a business method patent. The people who argue against business method patents have failed to provide a consistent, clear definition of what they mean.
I have also defined an invention as a human creation with an objective result, while art is a human creation with a subjective result. By objective result I mean that the
This paper explores the philosophy of science. The philosophy of science is mainly concerned with metaphysics and epistemology, but it is not completely divorced from ethics. This paper defines the necessary philosophical underpinning of science. At the end of this paper I will show that the Copenhagen Interpretation of Quantum Mechanics is inconsistent with the philosophy of science. Note that I am not suggesting that every scientist holds or held this philosophy.
Identity: The fundamental principle of science is that A is A (Identity), meaning that things exist; they have certain properties;
This is an open Letter by Randy Landreneau
The fight to stop multinational corporations from destroying the Patent System our Founders so intelligently created is coming to a head. The Senate is expected to do something before the end of the month. I and some other inventors are going to Washington DC next week to meet with our Senators, and to do what we can to stop the further destruction of the American Patent System. We want as many inventors as possible to join us.
For any of you who aren’t up to speed, here’s the short version. Our Founders created the American Patent System much differently than patent systems in the rest of the world. The intent was that an individual from any walk of life would be able to own and benefit from that which he or she created. Since most innovation, and especially game-changing innovation, comes from individuals,
- Interesting Academic Study on Value of Patents to Startups
- CLS Reply Brief: Alice v. CLS Bank Supreme Court
- Win a FREE Copy of Pendulum of Justice
- Are Patents too Vague?
- Halling asked to Speak at Atlas Summit 2014
- Book Review: The Nature of Technology
- Business Method Patents: A Solution?
- Philosophy of Science
- Guest Post: Stop the Destruction of Independent Invention
- DK Halling Interview with Fran Lewis