The nature of the patent infringement defense of “prior commercial use” has changed with AIA, affecting patent values
AIA expanded the prior commercial use defense in patent litigation from just applying to business methods to now including other categories of patents. The defense also now requires commercial use more than one year prior to the patent’s filing or disclosure date. Finally, the defense has been broadened to include affiliated companies. W. Edward Ramage of [...]
New reporting metrics recommended for research institutions’ technology transfer operations
Darrell West, director for the Center for Technology at Brookings, recently wrote about the need for a consistent set of metrics to be used to evaluate research institutions’ technology transfer operations, suggesting the lack of uniformity makes it difficult for managers to learn what works best. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare [...]
Ten Simple Rules to Protect Your Intellectual Property
Reprinted from PLOS Collections with permission. The concepts that underpin the protection of ideas and inventions are not new; such laws have been around for several hundred years and are discussed under the broad heading of intellectual property (IP). IP is easily misunderstood, but at the same time most scientists encounter it at some point [...]
Government funding of university research continues strong
As the lay press questions the U.S. commitment to innovation, Mike Pellegrino put his IP Analytx database to the test to spot check how many university patent applications are supported by government funding. His conclusion? The government clearly finds great value in technology transfer offices of universities and is actively supporting university research. Bookmark on [...]
Kauffman Foundation releases study on entrepreneurship and university spinoffs
The Ewing Marion Kauffman Foundation has released a new study on the role of faculty and student entrepreneurship in university technology transfer, specifically as it relates to spinoffs. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Startup companies must assess and protect their IP assets early on
Startup companies need to protect their intellectual property and set up safeguards so that others’ IP is not infringed. Borrowing somewhat from Jay Mandal and Nitin Gupta of LawPivot and their 5-step plan for new businesses to use in developing such a strategy, here is a checklist of some elements critical to a successful patent [...]
New bill would change the nature of university technology transfer in the U.S.
From the be-careful-what-you-wish-for department, on page 20 of the now-being-considered bill, Start-up Act 2.0, is a line that seems to run cross-grain against the current, 30+-year-old system of university technology transfer in the U.S.: Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Royalty v equity agreements in tech transfer
Concluding that equity arrangements are useful tools when patents available for technology transfer are weak, an article in the Intellectual Property & Technology Forum & Journal at Boston College Law School offers a model to TTOs: Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
BVR creates portal for tech transfer offices’ easy access to licenses and royalty rates
Reviewing a Johns Hopkins University presentation on technology transfer reveals a core truth: the goal is to “leverage [university] technology and intellectual property to maximize its value, both monetary and non-monetary.” Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
News, Views and Muse
Detailed legislative history available for AIA Thanks to Dennis Crouch in Patently-O for uncovering a useful legislative history of America Invents Act, written by Joe Matal, Judiciary Committee Counsel to Senator Jon Kyl, and recently in the Federal Circuit Bar Journal. Absent judicial review, legislative history is the only way to determine with as much [...]
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