Home Page
01. 6.2007 (previous | next)
Article Reviews (Nov-Dec 06)

I often review academic and policy articles on IPcentral. To make these writings more accessible to readers, I started categorizing them in Academia. Many earlier article reviews can still be found under their substantive categories (such as DMCA or Patents);I will go back and re-tag those posts (at some point).

Below the fold, kindly find recent article reviews I've drafted between Nov-Dec '06.

>>The Global Innovation Chain and IP. On The Aberdeen Group, The Protecting Product IP Benchmark Report: Safeguarding Design Intellectual Property in a Global Market- firm level practices in safeguarding IP in intl development.
>>Uncertainty in the Patent System. On Alan Marco, The Value of Certainty in Intellectual Property Rights: Stock Market Reactions to Patent Litigation, available at SSRN(November 15, 2005) - how certainty surrounding the validity of a patent correlates with the value of the patent grant itself.
>>Patents in the Direction and Landscape of Innovation. On Petra Moser, How do Patent Laws Influence Innovation? American Econ Review, Vol. 95, No. 4, (September 2005)- how patents enable structural development of industries.
>>The Wealth of Networks, Too Premature. On Lior Strahilevitz, Wealth without Markets? U Chicago Law & Econ, Olin Working Paper No. 315 (2007)- limitations to Yochai Benkler’s theory of social production.
>>Straightening Out DMCA-DRM Issues. On Tim Lee, Why Zune Won’t Play for Sure, Microsoft's New Music Player Shows That We Need To Reform The DMCA (2006)- addressing business, legal and technical misconceptions often communicated with in the think tank community concerning the DMCA.
>>Can We Get to "Today's" Patent Debate? On Robert Merges, Software Firms and Patent Scope Doctrines (conference presentation 2006)- discourse in patent policy should get past the “patentability of software” debate and focus more productively on ironing out the contours of patents in the technology industry.
>>Patents and R&D Incentives in the Software Industry. On Michael Noel and Mark Schankerman, Strategic Patenting and Software Innovation CEPR Discussion Paper No. 5701 (May 2006)- how patenting in the software industry affects R&D decision making.
>>Patenting by the Business Model, Firm Maturity and Innovation Theory. On John Allison, Abe Dunn and Ronald Mann, Software Patents, Incumbents, and Entry (conference transcript 2006)- influences that differentiate software patenting activity.
>>Patents and the Path of Technological Knowledge. On Kurt A. Hafner, Univ of Bamberg, Germany. International Patent Pattern and Technology Diffusion, available at IDEAS RECPEC (August 2005)- patents and how the international flow of technological knowledge affect R&D.
>>Just Patent It, You'll Feel Better. On Andrew Toole and Dirk Czarnitzki, Patent Protection, Market Uncertainty, and R&D Investment, Berkeley Center for Law and Technology Scholarship. (September 2006)- how patents sustain R&D activity during times of economic uncertainty.
>>Careful When You Say "Monopoly." On Solveig Singleton, Progress and Freedom Foundation, Patent, Copyright as Monopoly a 'Rhetorical Flourish,' IPcentral Snapshot (2006)- commons errors in applying monopoly analysis to IPRs.

posted by Noel Le @ 3:45 PM | Academia

Link to this Entry | Printer-Friendly | Email a Comment | Post a Comment(1)


Comments

Those articles missed one important thing. "Innovation" at the abstraction level of software patents is extremely easy and cheap. Therefore so many poor patents is assigned. It is almost costless. Any software developer may create a bunch of patents (currently achievable) in single attempt to solve a problem and/or write a piece of code. The problem is usually money to receive patent on them. Soon on the market will be tens of thousands valueless patents that may harm any valuable bussines related to IT and IT utilization. And proportionate number of litigations. And in fact in US they are.
Software writing in the most case is like a literature writing. Even simpler because of cumulative effect of development process. Now, in the most cases it is a matter of existing solutions combination rather than devising and research work. The most valuable algorithms and approaches are known since 10-30 years.
In this process may be generated different thousands of solution variants. Each potentially patentable (see: trivial patents on trivial extensions of things known from years). And it is impossible to control and ensure quality and verify patents in the space of terabits of existing code and software scientific works generated in the latest 50 years. And in fact nobody will do that.
So, software patents allowance enables flood of patents that will cover simple combinations of well known and existing code. Received only for trolling and intimidate competitors not for producing goods. The best option is in this case for a small firm is to drop production activities (that may finish in not affordable court litigation), receive some patents (in the best way on a combination of technologies available in patents of the bigger competitor) and sue bigger competitor that has money. Fear associated with developing software will be soon greater than doubtful potential profits from patents. At the end will be a few biggest companies selling old technologies surrounded by hordes of patent lawyers and patent trolls. Nice perspective for peoples working in this industry. The idea that the court controls value of invention not a market terrifies me personally. I would prefer more pragmatic insight rather than showing statistics hiding problems. There is presented only one side of the coin. There are flowers without thorns.

Posted by: Concern at January 6, 2007 7:21 PM








 
IPcentral WebLog

Blog Main

IPcentral Blogosphere Archives

Search the Blog

Recent Posts
  - IP and Marginal Cost
- Academics and Copyright
- More on Jammie Thomas from DOJ
- More Studies of Downloading
- Facebook, MySpace, and Network Externalities
- Copyright and the University: An Academic Symposium
- Tyler Cowan on Chinese Movie Piracy
- More WHO Antics--Roger Bate Reports
- Patents, Meds, and the Developing World: Clips & Links
- Jermaine Dupri's Gripe with iTunes
Archives by Month
  - December 2007
- November 2007
- October 2007
- September 2007
  - (see all)
Archives by Subject
  - Academia
- Access: Commons, Fair Use, Orphan Works, Public Domain
- Accounting
- Analog Holes
- Antitrust
- Art
- Aspen
- Big Tent
- Biotech
- Books
- Comments from Readers
- Counterfeit
- Digital Americas
- Digital Europe
- Digital Europe 2006
- DMCA
- DRM & Watermarks, etc.
- Economics, Game Theory & Public Choice
- Enforcement & Remedies
- Free Culture Movement
- Games
- General
- Infrastructure
- International
- Internet: P2P, Search Engines...
- Legislation and Legislators
- Liberty and IP
- Markets: Business, Investment & Innovation
- Media: Video, Music...
- Patents
- Pharma
- Physical Property
- Prices, Terms, and Licensing
- Privacy and Security
- Radio
- Software
- Spectrum & Wireless
- Standards
- Supreme Court
- Tax-Funded IP
- Telecom
- Theft of Service
- Universities
Links
 

Site Feed

  - Atom
- RSS 1.0
- RSS 2.0
We welcome comments by email - look for a link to the author's email address in the byline of each post. Please let us know if we may publish your remarks.


 
Home Page