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Category Archives: Patent and Trademark

Paper – New Ideas in Invention

New Ideas in Invention by Mikko Packalen, Jay Bhattacharya. NBER Working Paper No. 20922. Issued in January 2015.

“A key decision in research is whether to try out new ideas or build on more established ideas. In this paper, we evaluate which type of work is more likely to spur further invention. When recent advances create superior opportunities for invention, their adoption as research inputs in the invention process promotes technological progress. The gains from pursuing such innovative research paths may, however, be very limited as new ideas are often initially raw and poorly understood. We determine idea inputs in invention based on the text of nearly every US patent granted during 1836–2010. We find that inventions that build on new ideas early are more likely to spur subsequent invention than inventions that rely on ideas of older vintage. Our results are important because they suggest a benefit from encouraging and supporting innovative research that tries out new ideas — avoiding stagnation in technological advance.”

USPTO’s Plain Language Toolkit Empowers Public on Patent Litigation

Director’s Forum: A Blog from USPTO’s Leadership – September 15, 2014: “Following President Obama’s 2014 State of the Union call to curb abusive patent litigation, I joined with the National Economic Council and Secretary of Commerce Penny Pritzker to announce the progress the USPTO had made in response to some of the president’s executive actions onContinue Reading

Compendium of U.S. Copyright Office Practices, Third Edition

Released December 22, 2014. Download full text of the Compendium (1,288 pages). “Register of Copyrights Maria A. Pallante has released the Compendium of U.S. Copyright Office Practices, Third Edition (the “Third Edition”). The first major revision in more than two decades, the Third Editon presents more than 1200 pages of administrative practices and sets the stageContinue Reading

Lawsuits by Retired NFL Players Cause Jump in Trademark Filings

Transactional Records Access Clearinghouse: “The latest available data from the federal courts show that during September 2014 the government reported 705 new trademark lawsuits. This number is up 145 percent over the previous month and up 32.2 percent from a year ago. Most of the increase appears to be due to cases filed by retiredContinue Reading

Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets

Jones, D. R., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). South Texas Law Review, Vol. 56, No. 2, 2014 – Forthcoming; University of Memphis Legal Studies Research Paper No. 144. Available for download at SSRN: http://ssrn.com/abstract=2503089 “In several recent lawsuits, publishers sued law firms forContinue Reading

Patent Citations and Stock Performance: Constructing a Dynamic Industry Classification

Gay, Sebastien and Karger, Ezra, Patent Citations and Stock Performance: Constructing a Dynamic Industry Classification (September 15, 2014). Available for download at SSRN: http://ssrn.com/abstract=2496414 “Researchers in academia and the private sector use industry classifications to compare growth across and between industries, to construct industry indices, and to control for industry-level correlations of stocks over time. ButContinue Reading

Open Intellectual Property Casebook

“Duke’s Center for the Study of the Public Domain is announcing the publication of Intellectual Property: Law & the Information Society—Cases and Materials by James Boyle and Jennifer Jenkins. This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback printContinue Reading

Formerly Manufacturing Entities – Piercing the ‘Patent Troll’ Veil

Osenga, Kristen Jakobsen, Formerly Manufacturing Entities — Piercing the ‘Patent Troll’ Veil (August 5, 2014). Connecticut Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2476556 “Everyone hates patent trolls, those companies that “hijack somebody else’s idea” and use the patents to “extort some money” from companies that actually make things. But not all patent trolls are created equal.Continue Reading

New NIST guidance planned as part of federal info policy

Adam Mazmanian via FCW.com: “Government officials can get ready to toss out their “For Official Use Only” stamps under a pending rule that would standardize how the government marks and stores information that is deemed sensitive but is not classified. The National Archives and Records Administration is leading the charge for a new policy on controlledContinue Reading

Restatement of Place

Kuykendall, Mae, Restatement of Place (May 2, 2014). Brooklyn Law Review, Vol. 79, 2014; MSU Legal Studies Research Paper No. 12-09. Available at SSRN: http://ssrn.com/abstract=2432212 “Images and intuitions of place are ubiquitous in human thought. Dominion over place is one of the first anchors of the conception of law, providing a rationale for sovereign control overContinue Reading

The USPTO Trademark Assignment Dataset: Descriptions, Lessons, and Insights

Graham, Stuart J. H. and Marco, Alan C. and Myers, Amanda F., The USPTO Trademark Assignment Dataset: Descriptions, Lessons, and Insights (April 1, 2014). USPTO Working Paper No. 2014-2. Available at SSRN: http://ssrn.com/abstract=2430962 “Attention to the asset value of intellectual property (IP) has traditionally concentrated on high-value patent sales and licenses. This narrow focus neglects non-patentContinue Reading

New on LLRX – 3D Printing: The Manufactory of Knowledge

Via LLRX.com – 3D Printing: The Manufactory of Knowledge – Ken Strutin’s article addresses the increasing use and impact, social and legal, of the emerging and high visibility technology known as 3D printing. The technology’s use in a wide range of sectors – including education, manufacturing, firearms, robotics and medical devices, as well as in the home – isContinue Reading