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Full-Text Articles in Law
Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski
Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski
Law Faculty Scholarship
The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg
Articles
This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …
Biobanks As Innovation Infrastructure For Translational Medicine, W. Nicholson Price Ii
Biobanks As Innovation Infrastructure For Translational Medicine, W. Nicholson Price Ii
Book Chapters
Biobanks represent an opportunity for the use of big data to drive translational medicine. Precision medicine demands data to shape treatments to individual patient characteristics; large datasets can also suggest new uses for old drugs or relationships between previously unlinked conditions. But these tasks can be stymied when data are siloed in different datasets, smaller biobanks, or completely proprietary private resources. This hampers not only analysis of the data themselves, but also efforts to translate data-based insights into actionable recommendations and to transfer the discovered technology into a commercialization pipeline. Cross-project technological innovation, development, and validation are all more difficult …
The Cost Of Novelty, W. Nicholson Price Ii
The Cost Of Novelty, W. Nicholson Price Ii
Law & Economics Working Papers
Patent law tries to spur the development of new, better, innovative technology. But it focuses much more on “new” than “better” — and it turns out that “new” carries real social costs. I argue that patent law promotes innovation that diverges from existing technology, either a little (what I call “differentiating innovation”) or a lot (“exploring innovation”), at the expense of innovation that tells us more about existing technology (“deepening innovation”). Patent law’s focus on newness is unsurprising, and fits within a well-told narrative of innovative diversity accompanied by market selection of the best technologies. Unfortunately, innovative diversity brings not …
Attacking Innovation, Jeffrey A. Maine
Attacking Innovation, Jeffrey A. Maine
Faculty Publications
Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …
Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Articles
Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …
Establishing Appropriate Best Practices In Intellectual Property Management And Technology Transfer In The United Arab Emirates: Building Human Capital, Global Networks And Institutional Infrastructure To Drive Sustainable Knowledge-Based, Innovation-Driven Development, Stanley Kowalski
Law Faculty Scholarship
Best practices (BP) are integral to national and international IP law, practice, and management. For the United Arab Emirates (UAE) to build, foster, and sustain globally-networked knowledge-based, innovation-driven, economic development in the 21st century, a suite of internationally-standardized BP in intellectual property (IP) management, technology transfer and information analysis will be necessary. For the UAE, and the other GCC states, appropriate and applicable BP will be critical to diversify from commodity over-dependence (petroleum) towards nationally, regionally and globally interconnected innovation ecosystems. Therefore, strategically building human capital, institutions, institutional infrastructure and global networks which will be required for UAE to leapfrog …
In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
In The Shadow Of The Law: The Role Of Custom In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
Custom, including industry practices and social norms, has a tremendous influence on intellectual property (“IP”) law, from affecting what happens outside of the courts in the trenches of the creative, technology, and science-based industries, to influencing how courts analyze infringement and defenses in IP cases. For decades, many scholars overlooked or dismissed the impact of custom on IP law in large part because of a belief that the dominant statutory frameworks that govern IP left little room for custom to play a role. In the last ten years, however, the landscape has shifted and more attention has been given to …
Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl
Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl
All Faculty Scholarship
Before an academic entrepreneur may protect or commercialize an invention, they must understand if they own the rights to it. This short chapter helps the inventor to consider the various scenarios that occur in a university setting. It advises the inventor how to seek a waiver from the university if they believe they are the true owner of the invention. If the facts indicate that the invention should be owned by the university, the chapter also discusses how a university decides to formally protect the invention through patent or copyright. Finally, the chapter advises the inventor how to stay involved …
Patenting The Unexplained, Sean B. Seymore
Patenting The Unexplained, Sean B. Seymore
Vanderbilt Law School Faculty Publications
It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how to make and use something without understanding how or why it works yields patents with uninformative disclosures. Their teaching function is limited; one who wants to understand or figure out the underlying scientific principles must turn elsewhere. This limited disclosure rule does not align with the norms of science and tends to make patent documents a less robust form of technical …
Data-Centric Technologies: Patent And Copyright Doctrinal Disruptions, Tabrez Y. Ebrahim
Data-Centric Technologies: Patent And Copyright Doctrinal Disruptions, Tabrez Y. Ebrahim
Faculty Scholarship
Data-centric technologies create information content that directly controls, modifies, or responds to the physical world. This information content resides in the digital world yet has profound economic and societal impact in the physical world. 3D printing and artificial intelligence are examples of data-centric technologies. 3D printing utilizes digital data for eventual printing of physical goods. Artificial intelligence learns from data sets to make predictions or automated decisions for use in physical applications and systems. 3D printing and artificial intelligence technologies are based on digital foundations, blur the digital and physical divide, and dramatically improve physical goods, objects, products, or systems. …