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Articles 1 - 28 of 28
Full-Text Articles in Law
Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana Goodman
Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana Goodman
Faculty Scholarship
People of color and women are underrepresented in science, technology, engineering and math (“STEM”) fields in the United States. Through both intentional and unintentional structural barriers, universities continue to lose valuable intellectual resources by perpetuating a lack of gender, racial, and ethnic diversity as people climb the academic ladder. Identifying racial and gender disparities between university campus populations and their patent representation quantifies the qualitatively observed systemic racism and sexism plaguing STEM. Although many have written about racial and gender underrepresentation in STEM, no author has ever endeavored to simultaneously quantify the racial and gender gap at universities in the …
Program & Proceedings Of The 2022 Colloquium Of The Stony Brook University Intellectual Property Partners Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri Terjesen, Jennifer L. Woolley
Program & Proceedings Of The 2022 Colloquium Of The Stony Brook University Intellectual Property Partners Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri Terjesen, Jennifer L. Woolley
Technology & Society Faculty Publications
Diverse and varied perspectives are not only central to our institutional mission, but are essential to our society, as we hope to create a more inclusive, more sustainable and ultimately brighter world. Diverse perspectives and collaboration between different institutions, fields and industries must become the norm. This is the program and proceeding of Stony Brook University's colloquium on female perspectives on entrepreneurship and research and how diverse perspectives inspire creativity, drive innovation, and encourage inclusive economic growth. This was a much-needed discussion in January 2022 that's important for the development of entrepreneurship and research worldwide. At Stony Brook University, the …
Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri P. Terjesen, Jennifer L. Woolley
Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri P. Terjesen, Jennifer L. Woolley
Technology & Society Faculty Publications
Diverse and varied perspectives are not only central to our institutional mission, but are essential to our society, as we hope to create a more inclusive, more sustainable and ultimately brighter world. Diverse perspectives and collaboration between different institutions, fields and industries must become the norm. This is the program and proceeding of Stony Brook University's colloquium on female perspectives on entrepreneurship and research and how diverse perspectives inspire creativity, drive innovation, and encourage inclusive economic growth. This was a much-needed discussion in January 2022 that's important for the development of entrepreneurship and research worldwide. At Stony Brook University, the …
Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri P. Terjesen, Jennifer L. Woolley
Female Perspectives On Entrepreneurship And Research How Diverse Perspectives Inspire Creativity, Drive Innovation, And Encourage Inclusive Economic Growth, Clovia Hamilton, Elizabeth Dougherty, Amanda Elam, Pamela J. Kalbfleisch, Siri P. Terjesen, Jennifer L. Woolley
Technology & Society Faculty Publications
Diverse and varied perspectives are not only central to our institutional mission, but are essential to our society, as we hope to create a more inclusive, more sustainable and ultimately brighter world. Diverse perspectives and collaboration between different institutions, fields and industries must become the norm. This is the program and proceeding of Stony Brook University's colloquium on female perspectives on entrepreneurship and research and how diverse perspectives inspire creativity, drive innovation, and encourage inclusive economic growth. This was a much-needed discussion in January 2022 that's important for the development of entrepreneurship and research worldwide. At Stony Brook University, the …
Who Benefits?: How The Aia Hurt Deceptively Non-Joined Inventors, Jordana Goodman
Who Benefits?: How The Aia Hurt Deceptively Non-Joined Inventors, Jordana Goodman
Faculty Scholarship
Congress enacted the America Invents Act (“AIA”) to bolster economic development, sustain American innovation, and protect American jobs. This pro-business legislation, however, overlooked one actor critical to any successful innovation endeavor: the inventor. The AIA created access barriers, preventing inventors from efficiently and effectively seeking the entire remedy spectrum to which they are entitled. Paul Morinville and others have opined that the new first-to-file system put small inventors out of business, naming the AIA the single worst disaster in the history of the U.S. patent system. Beyond the filing and subject matter changes, the AIA created fundamental access to justice …
Stalking The Wild X Patent, Barbara J. Hampton
Stalking The Wild X Patent, Barbara J. Hampton
Journal of the Patent and Trademark Resource Center Association
For most of the history of the patent office, recorded patents were used primarily to enforce the patent holder’s rights during the life of the patent and to evaluate prior art, in determining patentability. The limits of manual indexes and hand counts of entries made more sophisticated analyses impractical. Recently, a number of researchers have begun to apply scientometric methods to assess trends and causation in patterns of innovation in the United States by organizing data elements from patent documents. Although most patents are now searchable, fully digital records, the records of the earliest patents (1790–1836) were incinerated in a …
Patent Inequality, Greg Day, W. Michael Schuster
Patent Inequality, Greg Day, W. Michael Schuster
Scholarly Works
Using an original dataset of over 1,000,000 patents and empirical methods, we find that the patent system perpetuates inequalities between powerful and upstart firms. When faced with growing numbers of patents in a field, upstart inventors reduce research and development expenditures, while those already holding many patents increase their innovation efforts. This phenomenon affords entrenched firms disproportionate opportunities to innovate as well as utilize the resulting patents to create barriers to entry (e.g., licensing costs or potential litigation).
A hallmark of this type of behavior is securing large patent holdings to create competitive advantages associated with the size of the …
Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow
Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow
Law Faculty Scholarship
[Excerpt] "Inventors pursue patents and authors receive copyrights.
No special education is required for either endeavor, and nothing
precludes a person from being both an author and an inventor.
Inventors working on patentable industrial projects geared
toward commercial exploitation tend to be scientists or engineers.
Authors, with the exception of those writing computer code, tend
to be educated or trained in the creative arts, such as visual art,
performance art, music, dance, acting, creative writing, film
making, and architectural drawing. There is a well-warranted
societal supposition that most of the inventors of patentable
inventions are male. Assumptions about the genders …
University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost
University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost
Indiana Law Journal
This Article focuses on intellectual property (IP) issues in the university setting. Often, universities require faculty who have been hired in whole or in part to invent to assign inventions created within the scope of their employment to the university. In addition, the most effective way to secure compliance with the Bayh-Dole Act, which deals with ownership of inventions involving federally funded research, is for the university to take title to such inventions. Failure to specify who has title can result in title passing to the government. Once the university asserts ownership, it then decides whether to process a patent …
The Importance Of Correct Inventorship, Rivka Monheit
The Importance Of Correct Inventorship, Rivka Monheit
Journal of Intellectual Property Law
No abstract provided.
Ip Basics: Patenting Your Idea, Thomas G. Field Jr.
Ip Basics: Patenting Your Idea, Thomas G. Field Jr.
Law Faculty Scholarship
This discussion addresses the relationship between patents and the market value of inventions, as well as the need to be skeptical of invention promoters and other matters of importance to first-time inventors. It also discusses the need for counsel in making outside submissions and the importance of getting prior art searches.
Patent Confusion, Jennifer L. Behrens
Holding Up And Holding Out, Colleen V. Chien
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
The Myth Of The Sole Inventor, Mark A. Lemley
The Myth Of The Sole Inventor, Mark A. Lemley
Michigan Law Review
The theory of patent law is based on the idea that a lone genius can solve problems that stump the experts, and that the lone genius will do so only if properly incented. But the canonical story of the lone genius inventor is largely a myth. Surveys of hundreds of significant new technologies show that almost all of them are invented simultaneously or nearly simultaneously by two or more teams working independently of each other. Invention appears in significant part to be a social, not an individual, phenomenon. The result is a real problem for classic theories of patent law. …
Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Change To The Best Mode Requirement In The Leahy-Smith America Invents Act: Why Congress Got It Right, Andrew R. Shores
Campbell Law Review
The Leahy-Smith America Invents Act (AIA), signed into law on September 16, 2011, represents the most significant overhaul of the United States Patent system since the Patent Act of 1952. In addition to making the United States a “first-to-file” system, which is more in line with the patent law of other countries, the act institutes numerous other changes aimed at ensuring that the United States “maintains its competitive edge in the global economy.” One of these changes eliminates failure to disclose the best mode as a defense in patent infringement litigation. Proponents applaud the change for the positive effect it …
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Should Foreign Patent Law Matter?, Timothy R. Holbrook
Campbell Law Review
One of the most controversial issues in American law today is the extent to which it is appropriate for courts to consider foreign law when deciding issues of United States law. The debate has engaged the courts, Congress, and commentators, leading to discussions about completely banning references to non-United States law by courts. The reality is, however, that the United States courts often have to address or apply foreign law.
Secret Inventions, Jonas Anderson
Secret Inventions, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Patent law - and innovation policy more generally - has traditionally been conceptualized as antithetical to secrecy. Not only does the patent system require inventors to publicly disclose their inventions in order to receive a patent, but various patent doctrines are designed to encourage inventors to forego trade secrecy. This Article offers a critique of the law’s preference for patents. In particular, this Article examines whether and under what circumstances the law should prefer patents over secrets, and vice versa.
As an initial step towards a theoretically-supported system of inventor incentives, this Article constructs a framework that attempts to balance …
Where Have The Great Inventers Gone?, James Bessen
Where Have The Great Inventers Gone?, James Bessen
Faculty Scholarship
The author expands on the idea that the patent system has been a hinderance to collaborative innovation.
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
Villanova Law Review
No abstract provided.
Patent Law - License Agreements - Royalties Paid Are Not Recoverable By Licensee Upon Showing Of Patent Invalidity, Richard B. Hardt
Patent Law - License Agreements - Royalties Paid Are Not Recoverable By Licensee Upon Showing Of Patent Invalidity, Richard B. Hardt
Villanova Law Review
No abstract provided.
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
Villanova Law Review
No abstract provided.
Foreign Intellectual Property And The United States Department Of Defense, Harry M. Saragovitz, William G. Gapcynski
Foreign Intellectual Property And The United States Department Of Defense, Harry M. Saragovitz, William G. Gapcynski
Villanova Law Review
No abstract provided.
Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot
Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot
Villanova Law Review
No abstract provided.
The Viability Of Trade Secret Protection After Lear V. Adkins, Barry H. Feinberg
The Viability Of Trade Secret Protection After Lear V. Adkins, Barry H. Feinberg
Villanova Law Review
No abstract provided.
Taxation Of The Treasures Of The Sea, John J. Kenny, Ronald R. Hrusoff
Taxation Of The Treasures Of The Sea, John J. Kenny, Ronald R. Hrusoff
Villanova Law Review
No abstract provided.
Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman
Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman
Villanova Law Review
No abstract provided.
Inventors And Their Relations With Others, Howard I. Forman
Inventors And Their Relations With Others, Howard I. Forman
Villanova Law Review
No abstract provided.
Patent Law, John Barker Waite
Patent Law, John Barker Waite
Books
The comparatively small size of the book is not due to any conscious superficiality of treatment nor omission of pertinent subject matter. It purports to cover only the substantive law of patents, their nature, validity, effect, and their characteristics as property. Matters of procedure in securing patents or suing on them, and the difficult subject of the amount of compensation recoverable by suit, would require a volume for themselves and are not included here. But of the matter which is included, it has been my desire to present every issue which has come before the courts....
This book is intended …