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Articles 1 - 11 of 11
Full-Text Articles in Law
Inventing Around Edison’S Lamp Patent: The Role Of Patents In Stimulating Downstream Development And Competition, Ron D. Katznelson, John Howells
Inventing Around Edison’S Lamp Patent: The Role Of Patents In Stimulating Downstream Development And Competition, Ron D. Katznelson, John Howells
Ron D. Katznelson
We provide the first detailed empirical study of inventing around patent claims. The enforcement of Edison’s incandescent lamp patent in 1891-1894 stimulated a surge of patenting. Most of these later patents disclosed inventions around the Edison patent. Some of these patents introduced important new technology in their own right and became prior art for new fields, indicating that invention around patents contributes to dynamic efficiency. Contrary to widespread contemporary understanding, the Edison lamp patent did not suppress technological advance in electric lighting. The market position of General Electric (“GE”), the Edison patent-owner, weakened through the period of this patent’s enforcement.
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
Ron D. Katznelson
When comparing patent litigation rates or “rarity” across decades, one must take into account the proportion to the actual scale of commercial activities that give rise to patent disputes. Such normalizing scales are preferably national metrics of commercial activity such as (a) the number of patents issued in the year, (b) the total number of patents in force over which disputes may arise, (c) the total number of Federal civil suits, or (d) the economic scale of the Gross National Product (GDP) in real dollars. This paper marshals for the first time information on all patent litigation in Federal district …
The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells
The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells
Ron D. Katznelson
The prevailing historical accounts of the formation of the U.S. aircraft “patent pool” in 1917 assume the U.S. Government necessarily intervened to alleviate a patent hold-up among private aircraft manufacturers. We show these accounts to be inconsistent with the historical facts. We show that despite the existence of basic aircraft patents, aircraft manufacturers faced no patent barriers in the market dominated by Government demand. We show that the notion of the aircraft patent hold-up is a myth created by Government officials and used to persuade Congress to authorize eminent domain condemnation of basic aircraft patents. Government officials used the threat …
The Mandatory Stay Provision Of The 2013 Joint House-Senate Patent Bill, Ron D. Katznelson
The Mandatory Stay Provision Of The 2013 Joint House-Senate Patent Bill, Ron D. Katznelson
Ron D. Katznelson
The author discusses patent legislation proposed in the 113th Congress that, if enacted, would mandate a stay of some cases, stripping district court judges of their independence and discretion in handling patent infringement cases. The author explains that the proposed provisions would also undo the prohibitions against instituting certain administrative post grant proceedings at the U.S. Patent and Trademark Office during a parallel court proceeding challenging patent validity, promote de-facto the lowest damages “apportionment” scheme, and perversely and illogically insert plaintiffs into unresolvable situations involving a combination of direct and indirect infringing parties, thereby denying relief to patentees.
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
Ron D. Katznelson
This two-part article discusses the Patent and Trademark Office’s recent proposed rulemaking setting new patent user fees. In Part I the author argues that the PTO can raise fees in accordance with its aggregate costs but lacks authority to set national patent policies, or to skew certain fees to discourage or encourage a particular service. The author also asserts that the America Invents Act does not vest with the PTO discretion to set the level of its operating reserve – a determination reserved solely for congressional appropriations. In an upcoming Part II, the author will discuss specific fees and their …
The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson
The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
A Critique Of Mark Lemley’S “The Myth Of The Sole Inventor”, John Howells, Ron D. Katznelson
A Critique Of Mark Lemley’S “The Myth Of The Sole Inventor”, John Howells, Ron D. Katznelson
Ron D. Katznelson
In a forthcoming article in the Michigan Law Review, Professor Mark Lemley advances a thesis that “the canonical story of the lone genius inventor is largely a myth” and describes a selection of pioneer inventions to support his thesis. We show that Lemley has many of his facts wrong. We examine his assertions and set the record straight in the pioneer invention cases of Edison, the Wright brothers, the Selden automobile patent vis a vis Ford, Watt and the steam engine and Fleming and penicillin. We are concerned with the errors in alleged historical and legal facts in what Lemley …
My 2010 Wishes For The U.S. Patent Examiner, Ron D. Katznelson
My 2010 Wishes For The U.S. Patent Examiner, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Bad Science In Search Of “Bad” Patents, Ron D. Katznelson
Bad Science In Search Of “Bad” Patents, Ron D. Katznelson
Ron D. Katznelson
This paper draws attention to fundamental deficiencies in studies that have been relied upon as authoritative sources on patent grant rate comparisons among national patent offices. The two prominent studies analyzed here had employed erroneous methods to compare patent grant rates, resulting in false high indications of such rates at the U.S. patent office compared to foreign patent offices. The three identified categories of analysis errors found in these studies were (i) the misapplication of conditional probability; (ii) miscounting invention applications; and (iii) failure to account for patent obsolescence and application attrition due to the widely differing delays among national …
Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson
Patent Continuations, Product Lifecycle Contraction And The Patent Scope Erosion. – A New Insight Into Patenting Trends., Ron D. Katznelson
Ron D. Katznelson
This study was initiated in order to provide more factual insight into the recent debates on patent reforms in general and more particularly, the practice of patent continuations in the United States Patent and Trademark Office (“USPTO”). Several important trends that have not been previously quantified are brought to light. A quantitative analysis of various components of the flow of patent applications to the USPTO was carried out and insight into the ever-increasing propensity of patentees to file patent applications is presented. It is shown that with the exception of isolated transients due to patent law changes, the growth trend …