Madey v. Duke exposed one conflict when industry and universities work in overlapping areas. The 2002 federal court decision highlighted a problem at the intersection of university and industry goals.
patents
The intersection of universities and industry: tech transfer
According to Dr. Domonic Montisano of the UCSD’s technology transfer office, their goal is to get university research out to the public through the avenue of commercialization.
New law journal launches that focuses on open source
There’s a new law journal in town: “The International Free and Open Source Software Law Review (IFOSS L. Rev.) is a collaborative legal publication aiming to increase knowledge and understanding among lawyers about Free and Open Source Software issues. Topics covered include copyright, licence implementation, licence interpretation, software patents, open standards, case law and statutory changes.”
Patent simulation study concludes current patent system hampers innovation
A recently published law review article concludes that experiments with “PatentSim,” “a multi-user interactive simulation of patent and non-patent (commons and open source) systems,” do not support the general justification of our current patent system.
Study on file sharing and copyright: weaker protections benefit society
There are many who disagree, but the study appears to raise interesting issues regarding the benefit to society of copyright protections. As Mike Masnick writes, copyright is about balancing benefits (incentives to create with the benefits of distribution).
Narratives and evidence in the litigation of high-tech patents
Colleen Chien has a paper in SSRN, dated April of 2009, that explores the narrative of patents, from the epithet of “troll” applied to patent owners who seek only to leverage their patent through licensing, and not application, and including our rather romantic perception of an inventor.
Business method patents rejected in Canada
Michael Geist explains the current status of business method patents in Canada where, so far, they have been firmly rejected – unlike in the United States.
In re Bilski Revisited: Business-Method Patents to Go Before the Supreme Court
The Supreme Court has agreed to hear In re Bilski, a case that may well invalidate business-method patents.
Challenging the Strong Presumption of Patent Validity
Patent Law Blog (Patently-O): Challenging the Strong Presumption of Patent Validity One of the next major legal challenges to patent rights will be against the strong presumption of validity associated with the patent grant. Section 282 of the patent act … Continued
Indian Biogenerics on an Upswing
‘ Image via Wikipedia Patent Baristas » Indian Biogenerics on an Upswing: Indias pharmaceutical industry caters to about 30% of the world’s generic requirements. Despite its tremendous volume, it has been facing difficult times recently, with the WHO stance on … Continued
Patent Gridlock Suppresses Innovation
The Founders might have used quill pens, but they would roll their eyes at how, in this supposedly technology-minded era, we’re undermining their intention to encourage innovation. The U.S. is stumbling in the transition from their Industrial Age to our … Continued