Category Archives: IP
Evaluating university claims of invention ownership
I am working through this idea that an invention is owned by a university merely as the result of work within the scope of employment or through the use of university facilities (and resources and funding and whatever–class 3 unknown). … Continue reading
An Exclusive Enjoyment
This case (US v Dubilier Condenser) from 1933 makes an interesting point regarding the idea of a patent as a “monopoly” (citations removed, my bold): Though often so characterized a patent is not, accurately speaking, a monopoly, for it is … Continue reading
All your works are belong to USC
Here’s one for you, from the University of Southern California Intellectual Property Policy. See if you can figure out what’s wrong untrue with this statement: Both California and federal law provide that the University owns all intellectual property created or … Continue reading
Drafting the Unknown
As I’m reading through university IP policies, I’ve begun to notice how those drafting the policies are grappling with the unknown. There are a number of unknowns–many policies don’t evidence that the drafters know IP, and others work hard to … Continue reading
The “Patent Problem” in 1948
I’ve been looking at university patent policies lately and came across this discussion of university patent policies by Archie Palmer from 1948, produced by the National Research Counsel and available through Google Books. The discussion is notable for the clarity … Continue reading
Institutional IP Baksheesh
Here is perhaps the worst conceived and written paragraph in University of Washington policy history. Seven sentences without the hope of connecting their subject and verbs into a coherent expression. Read, enjoy. I’ll work through the finer points in a … Continue reading
Harmonizing with the Wrong Thing
Which is more important, to harmonize US patent law with that of other countries, or to keep it consistent with the insights expressed in the US Constitution, which supports progress through the personal rights of inventors? The Constitution allows the … Continue reading
Is invent-for-hire coming to the US? Please, no.
Section 118 of title 35, United States Code, is amended to read as follows: § 118. Filing by other than inventor A person to whom the inventor has assigned or is under an obligation to assign the invention may make … Continue reading
Cities of Innovation
Geoffrey West in Edge 343 (WHY CITIES KEEP GROWING, CORPORATIONS AND PEOPLE ALWAYS DIE, AND LIFE GETS FASTER): “Well, Google is a bit of an exception, because it still tolerates some of that. But most companies start out probably with … Continue reading
Ten reasons universities should use outside IP counsel
I was commenting recently on the problems of bringing patent counsel into a university technology transfer operation. Arguments in favor are cost savings, direct control over patent work, consistency, and convenience. But the reasons for not doing so are stronger. … Continue reading