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What is State of Innovation?

This blog is devoted to intellectual property innovation, patent law and innovation. The moderator, editor, and main author is Dale B. Halling. Mr. Halling is a patent attorney and entrepreneur. As a patent attorney, Mr. Halling has represented numerous Fortune 500 companies including McDonnell Douglas, Boeing, Motorola, Ameritech, SBC, MCI, Cypress, and numerous technology start-ups. He has helped his clients obtain patents worldwide. Mr. Halling has a BS in Electrical Engineering from Kansas State University, an MS in Physics from the University of Texas at Dallas and a JD from St. Louis University. Mr. Halling is the author of the book “The Decline and Fall of the American Entrepreneur: How Little Known Laws are Killing Innovation.”
Long Term Economic Predictions 2011

Background

It has been two year since I published my book The Decline and Fall of the American Entrepreneur: How Little Know Laws and Regulations are Killing Innovation.  The book explains that the only way to increase real per capita income is by increasing our level of technology.  This can be accomplished by capital equipment purchases, which upgrade plant and equipment with newer technologies or
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The Science of Economic Growth: Part 2

This is a multi-part post on the science of economic growth.  Standard economic theory has failed miserably to define the source of economic growth, which means it is impossible for it to provide rational policies to restore economic growth.  This series of posts defines a scientific theory of the source of economic growth.

Part 1 

Part 2 

Part 3 

Part 4 

Part 5 

 


 
The Science of Economic Growth: Part 1

This is a multi-part post on the science of economic growth.  Standard economic theory has failed miserably to define the source of economic growth, which means it is impossible for it to provide rational policies to restore economic growth.  This series of posts defines a scientific theory of the source of economic growth.

 

Part 1 

Part 2 

Part 3 

Part 4 

Part 5 

Introduction

Since economics is the
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The History of Patent Damages

William W. Cochran and Christopher R. Benson & Michael C. Elmer have put together a superb paper on the history of patent damages.  If you want a copy, please contact Bill Cochran.

The paper discusses how the statutory language of awarding damages has changed over time and the evolution of injunction relief.  Below I will quote the historical statutes from the paper.  But before I do that I want to point out three problems with the presently available relief for patent infringement.

1. Injunctions Are Optional Upon a Finding of Infringement

2. No Enhanced Damages for Purposeful Negligence.

3. Reasonable
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Repeal of Sarbanes Oxley and Dodd Frank Proposed

According to US News.  Newt Gingrich is proposing to repeal Sarbanes Oxley and Dodd Frank on his inaugural day.  SOX has killed innovation by making it impossible for technology startups to get funding.

At his speech at the Republican Jewish Coalition’s 2012 Republican Presidential Candidates Forum this afternoon, Gingrich urged attendees to help vote a large Republican majority into the House and Senate in 2012 so Congress could immediately pass repeals of the Affordable Care Act
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Justice Breyer: Patent Ignorance

PatentlyO reported the following hypothetical.

In Mayo v. Prometheus, the Supreme Court is again addressing patentable subject matter. During oral arguments, Justice Breyer came-up with a hypothetical invention to help him draw the line on patentable subject matter.

JUSTICE BREYER: Suppose I discover that if … someone takes aspirin … for a headache and, you know, I see an amazing thing: if you look at a person’s little finger, and you notice the color [indicates that] you need a little more, unless it’s a different color, you need a little less. Now, I’ve discovered a law of nature and I may have spent millions on that. And I can’t patent that law of nature, but I say: I didn’t; I said apply it. I said:
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New Ex-Parte Appeals Rules from the USPTO

The USPTO just issued new rules for ex-parte Appeals.  These changes appear to be an honest attempt to reduce the unnecessary paper work and formalities associated with Appeals.  They also attempt to deal with Examiner’s introducing new grounds of rejections during appeals.  However, they do not deal with the churning of Appeals where the PTO decides to reopen prosecution and this process repeats itself several times with no resolution for the applicant.  Here are the notable changes according to the USPTO:

The notable changes to the rules are: (1) The Board
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Mark Twain’s Birthday: Thoughts on Patents

Today is Mark Twain’s 176th birthday, which makes it a perfect time to review some of his thoughts on the patent system.  Mark Twain wrote extensively about the patent system.  In the book, Innocents Abroad, he explains the virtues of our country and moral decay of Europe by contrasting the patent system to the preservers of art.  Remember, Twain was first and foremost an artist and he held this opinion.  He states:

The Popes have long been the patrons and preservers of art, just as our new, practical Republic is the encourager and upholder of mechanics.  In their Vatican is stored up all that is curious and beautiful in
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US Brain Drain

I have been predicting that the United States is suffering a brain drain.  I have reported on this phenomena several times including my post Phil the Expat, which discusses a highly skilled scientist moving to Belize and Exodus From the US, which discussed a person with strong marketing and computer skills moving to Argentina.  Well I now have another story to add to the US brain drain. I just meet a person who was a professor at an Ivy League school in the school of Medicine. 
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Patenting Life

Deadly Monopolies: The Shocking Corporate Takeover of Life Itself–And the Consequences for Your Health and Our Medical Future, by Harriet A. Washington

There have been several books suggesting that you can patent human genes or parts of humans.  The latest is entitled Deadly Monopolies, which appears to be a rehash of David Koepsell’s Who Owns You?: The Corporate Gold-Rush to Patent Your Genes.  The first person to raise this issue was Michael Crichton.  None of these people are patent attorneys and they all misinterpret the claims of patents to be broader than they are.  We know Ms. Washington does not
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