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Full-Text Articles in Law
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Osenga
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Osenga
Maine Law Review
Universities are typically considered to have two complementary goals: providing education and performing research. While the determination of which objective deserves primacy has long been debated and is not within the scope of this paper, it is indisputable that productive research serves to further a university's goal of education, both directly by adding to the body of knowledge to be dispensed to the students and indirectly by increasing the university's prestige, thereby attracting lucrative grants, quality students, and competitive faculty members to the university. It is, at the very least, safe to say that research is the heart of the …
The Irrelevance Of Nanotechnology Patents, Emily M. Morris
The Irrelevance Of Nanotechnology Patents, Emily M. Morris
Faculty Publications
Although scientists have for decades now had the ability to manipulate matter at the atomic level, we have yet to see the nanotechnological revolution that these scientists predicted would follow. Despite the years of effort and billions of dollars that have been invested into research and development thus far, nanotechnology has yielded surprisingly few end-user applications. A number of commentators have blamed this lack of progress on the Bayh-Dole Act and other changes to patent law, arguing that, although these laws are supposed to stimulate technological development, they have in fact had the exact opposite effect when it comes to …
Intellectual Property And Policy Issues In Biotechnology, Amy Iver Yancey
Intellectual Property And Policy Issues In Biotechnology, Amy Iver Yancey
Masters Theses
Intellectual property, particularly patents, plays a major role in innovation and discovery in biotechnology. Likewise, since the passage of the Bayh-Dole Act in 1981, patents have become an increasingly important factor in U.S. university-driven basic research, especially in the life sciences where patented technologies have transformed agriculture. Specifically, this paper looks at the potential impacts of these trends on university driven research, the university researcher, the pharmaceutical industry, and the farm sector with an emphasis on recent and pending court cases and legislation. This paper examines policy and adoptions issues in biotechnology and biomedicine in depth and touches on important …
The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale
The Researcher Rat's Culture And Ease Of Access To The Publication Lever: Implications For The Patentability Of University Scientific Research, Joshua R. Nightingale
West Virginia Law Review
No abstract provided.
Academic Discourse And Proprietary Rights: Putting Patents In Their Proper Place, Margo A. Bagley
Academic Discourse And Proprietary Rights: Putting Patents In Their Proper Place, Margo A. Bagley
Faculty Articles
This Article provides a fresh perspective on the Bayh-Dole debate by focusing on the impact of patent novelty rules on academic discourse. The Article proposes that to begin to reverse an observed deterioration in disclosure norms, flexibilities must be built into the patent system so that patents can be facilitators of the academic knowledge dissemination enterprise. In particular, the Article advocates creation of an opt-in extended grace period that would provide more time for academic researchers to publish and present early-stage research before having to file a patent application. Such an extension, coupled with early application publication, would both address …
The Pull Of Patents, Brett M. Frischmann
The Pull Of Patents, Brett M. Frischmann
ExpressO
The conventional view of the role of patents in the university research context (and more generally) is that patent-enabled exclusivity improves the supply-side functioning of markets for university research results (and inventions more generally) as well as those markets further downstream for derivative commercial end-products. The reward, prospect, and commercialization theories of patent law take patent-enabled exclusivity as the relevant means for fixing a supply-side problem—the undersupply of private investment in the production of patentable subject matter or in the development and commercialization of patentable subject matter that would occur in the absence of patent-enabled exclusivity. Put another way, patents …