scholarly journals Are the U.S. Patent Priority Rules Really Necessary?

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
File System ◽  
The United States ◽  
First Person ◽  
Court Cases ◽  
Priority Rules ◽  
Legal Standards ◽  
System P ◽  
The Cost ◽  
The U.S

The United States is the only country in the world that awards patents tothe first person to invent something, rather than the first to file apatent application. In order to determine who is first to invent, theUnited States has created an elaborate set of "interference" proceedingsand legal standards to define invention and decide how it may be proven.Supporters of this system claim that it is necessary to protect smallinventors, who may not have the resources to file patent applicationsquickly, and may therefore lose a patent race to large companies whoinvented after they did. Advocates of global patent harmonization havesuggested, however, that the first inventor is usually also the first tofile, and that the first-to-invent standard is unnecessary and wasteful.In this Article, we study U.S. Patent and Trademark Office ("PTO")interference proceedings and court cases in which the parties dispute whois first to invent. We find that the first person to file is usually, butby no means always, also the first to invent. In over 40% of the cases, thefirst to invent is last to file. We also find that the long-standing rulethat discriminated against foreign inventors by requiring proof ofinventive activity in the U.S. had surprisingly little effect on outcomes;that a large number of priority disputes involve near-simultaneousinvention; and that the vast majority of such disputes could be resolvedwithout reliance on much of the evidence the law permits. Finally, we studythe role of small inventors to see whether they are disproportionately thebeneficiaries of the first to invent system. While the evidence is mixed,it does not appear that small inventors particularly benefit from the firstto invent system.Part I describes the legal background for the international debate over howto determine patent priority. Part II describes our studies and discussesour results in detail. Finally, Part III draws conclusions forpolicy-makers from the data. There is some truth to the arguments of bothsides in this debate. The first to invent system does produce significantlydifferent results in individual cases than a first to file system would.But it is not clear that those different results are particularly fairer,or that they are worth the cost. We suggest some possible ways to modifythe U.S. system to take account of these facts without changing entirely toa first-to-file system.

THE LEGAL ASPECTS OF OIL SPILL FINGERPRINTING1

1979 ◽  
Vol 1979 (1) ◽  
pp. 3-6
Author(s):  
Alan P. Bentz ◽  
Stanley L. Smith
Keyword(s):  
United States ◽  
Oil Spill ◽  
The United States ◽  
Legal Aspects ◽  
Identification System ◽  
Court Cases ◽  
The Cost ◽  
The U.S ◽  
Oil Spill Identification ◽  
Civil Penalty

ABSTRACT In several recent court cases, evidence of an oil “fingerprint” has been used to identify the source of an oil spill. As a result, those responsible for the spill have been required to pay a civil penalty and to reimburse the United States for the cost of cleaning up the oil. The use of such evidence in court supports the conclusion that the U.S. Coast Guard's oil spill identification system is both scientifically and legally sound.

Choice Matters

2018 ◽  
Author(s):  
Gordon Moore ◽  
John A. Quelch ◽  
Emily Boudreau
Keyword(s):  
Public Policy ◽  
Social Media ◽  
Healthcare Provider ◽  
Healthcare System ◽  
Consumer Choice ◽  
Marketing Management ◽  
Appropriate Use ◽  
System P ◽  
The U.S

Choice Matters: How Healthcare Consumers Make Decisions (and Why Clinicians and Managers Should Care) is a timely and thoughtful exploration of the controversial role of consumers in the U.S. healthcare system. In most markets today, consumers have more options and autonomy than ever before. Empowered consumers easily shop around for products and services that better meet their needs, and they widely share their reviews on social media to inform and influence other consumers. Businesses have responded with better experiences and prices to compete for consumers’ business. Though healthcare has lagged behind other industries in this respect, there is a rising tide of interest in consumer choice and empowerment in healthcare markets. However, most healthcare provider organizations, individual doctors, and health insurers are unprepared to consider patients as consumers. The authors draw upon the fields of medicine, marketing, management, psychology, and public policy as they take a substantive, in-depth look at consumer choice and point out its appropriate use, as well as its limitations. This book addresses perplexing issues, such as how healthcare differs from other consumer-driven markets, how consumers make healthcare decisions, and how increased consumer choice in healthcare can not only aid and empower American consumers but also improve the overall healthcare system.

Univision, Telemundo, and the Rise of Spanish-Language Television in the United States

2020 ◽  
Author(s):  
Craig Allen
Keyword(s):  
United States ◽  
Mass Communication ◽  
The United States ◽  
Spanish Language ◽  
Spanish Speaking ◽  
History Of ◽  
English Speaking ◽  
American Society ◽  
The U.S

The first completely researched history of U.S. Spanish-language television traces the rise of two foremost, if widely unrecognized, modern American enterprises—the Spanish-language networks Univision and Telemundo. It is a standard scholarly history constructed from archives, original interviews, reportage, and other public materials. Occasioned by the public’s wakening to a “Latinization” of the U.S., the book demonstrates that the emergence of Spanish-language television as a force in mass communication is essential to understanding the increasing role of Latinos and Latino affairs in modern American society. It argues that a combination of foreign and domestic entrepreneurs and innovators who overcame large odds resolves a significant and timely question: In an English-speaking country, how could a Spanish-speaking institution have emerged? Through exploration of significant and colorful pioneers, continuing conflicts and setbacks, landmark strides, and ongoing controversies—and with revelations that include regulatory indecision, behind-the-scenes tug-of-war, and the internationalization of U.S. mass media—the rise of a Spanish-language institution in the English-speaking U.S. is explained. Nine chapters that begin with Spanish-language television’s inception in 1961 and end 2012 chronologically narrate the endeavor’s first 50 years. Events, passages, and themes are thoroughly referenced.

scholarly journals The Role of the United States and The “Asian Solution” Approach in the Malaysia-Indonesia Confrontation (1963-1966)

2020 ◽  
Author(s):  
Rohani Hj Ab Ghani ◽  
Zulhilmi Paidi
Keyword(s):  
United States ◽  
Cold War ◽  
The United States ◽  
Asian Countries ◽  
Power Struggle ◽  
Solution Approach ◽  
Major Powers ◽  
Asian Region ◽  
The U.S

The Indonesia-Malaysia confrontation between 1963-1966 was an important event attracting the attention of politicians and scholars alike as the conflict had threatened the long existing relations between the two countries. Indonesian confrontation with Malaysia was due to its refusal to accept the formation of the new federation of Malaysia, founded on 16th September 1963. Sukarno’s confrontational stand on this had broken the long-standing sentiments of regional brotherhood or “saudara serumpun” that had nurtured between the two countries for many years. The conflict also saw the involvement of major powers like the United States (U.S.), Britain, China and Russia in the midst of bipolar power struggle between the communist and the anti-communist as part of the ongoing Cold War. The three years of confrontation witnessed great attempts at peace efforts by U.S. Although U.S. involvement in the conflict was merely as a moderator for both countries it was also fueled by its efforts of containment of communism in the Southeast Asian region. The U.S. viewed that the conflict should be resolved in the context of “Asian solution” as it involved two Asian countries A settlement to the Malaysia-Indonesia confrontation was finally achieved through the Bangkok Agreement, signed in August 1966. This paper discusses the role of U.S. in its attempts at finding an amicable settle to the confrontation in the form of “Asian solution.”  

scholarly journals Ewolucja instytucji sędziów pokoju w Stanach Zjednoczonych

2019 ◽  
Vol 28 (1) ◽  
pp. 39
Author(s):  
Ewa Gmurzyńska
Keyword(s):  
United States ◽  
The United States ◽  
General Tendency ◽  
Court Decisions ◽  
American Democracy ◽  
Modern Times ◽  
Justices Of The Peace ◽  
Pros And Cons ◽  
The U.S

<p class="Normalny1">This article presents a history and development of the institution of justices of the peace in the United States from the beginning of formation of American democracy until modern times. It presents jurisdiction, the scope of the activities and the role of justices of the peace in several states through different periods of times. It includes a thorough discussion concerning pros and cons of justices of the peace in the U.S. legal system and general tendency of declining the institution of justices of the peace in modern times. The article includes also a discussion of the major court decisions concerning justices of the peace.</p>

Government Employees’ Experience and Expectation of COVID-19 Hardships: The Moderating Role of Gender and Race in the United States

2021 ◽  
pp. 027507402110492
Author(s):  
JungHo Park ◽  
Yongjin Ahn
Keyword(s):  
Gender Gap ◽  
The United States ◽  
Census Bureau ◽  
Government Employees ◽  
Income Loss ◽  
Gender And Race ◽  
Nationally Representative ◽  
Moderating Role ◽  
The U.S

This article examines government employees’ experience and expectation of socioeconomic hardships during the COVID-19 pandemic—employment income loss, housing instability, and food insufficiency—by focusing on the role of gender and race. Employing the Household Pulse Survey, a nationally representative and near real-time pandemic data deployed by the U.S. Census Bureau, we find that government employees were less affected by the pandemic than non-government employees across socioeconomic hardships. However, female and racial minorities, when investigated within government employees, have a worse experience and expectation of pandemic hardships than men and non-Hispanic Whites. Our findings suggest a clear gender gap and racial disparities in the experience and expectation of pandemic hardships.

THE DEVELOPMENT OF THINK TANKS IN THE U.S. IN THE FIRST HALF OF THE TWENTIETH CENTURY: THE POLITICAL AND SOCIOECONOMIC CONTEXT

2020 ◽  
pp. 99-109
Author(s):  
Iana V. Shchetinskaia ◽  
Keyword(s):  
Foreign Relations ◽  
The United States ◽  
Think Tanks ◽  
Rand Corporation ◽  
The Political ◽  
International Crises ◽  
Political Factors ◽  
The Government ◽  
The U.S

Research institutions and specifically think tanks have existed and developed in the United States for more than 100 years. Since their inception, they have changed and evolved in many ways, while expanding their research foci and political impact. Since the 2010s, a few experts in the field have observed that the U.S. policy expertise is now in crisis. To understand current challenges of policy analysis institutions it is important to study them in a historical retrospective. This article explores the political and socioeconomic contexts in which think tanks emerged and developed from 1910 to the 1950-s. It particularly examines the role of international crises, as well as domestic political factors, such as the role of philanthropy organizations, institutional changes in the government, and others. It discusses how these domestic and foreign policy aspects affected the early development of the Carnegie Endowment for the International Peace (1910), the Council on Foreign Relations (1921) and the RAND Corporation (1948).

美國生物科技新專利適格性原則之研究

2020 ◽  
Vol 21 (21) ◽  
pp. 97-160
Author(s):  
李順典 李順典
Keyword(s):  
Supreme Court ◽  
Laws Of Nature ◽  
United States Supreme Court ◽  
The United States ◽  
Natural Phenomena ◽  
Legal Standards ◽  
The Supreme Court ◽  
Patent Applications ◽  
Global Strategies ◽  
The U.S

鑑於美國最高法院重新激活了專利適格性標的要件，其認為涉及發明的自然法則、自然現象或抽象概念，除非它們也包含「發明的概念」，否則不具專利適格性，因而引發了巨大爭議。因為新專利適格性原則不當削弱了美國在創新中的領導地位，而且它們已經給美國專利制度注入了巨大的法律不確定性，所以美國應重新思考生物技術產業創新的激勵措施生物技術公司的專利適格性在不同的國家面臨不斷的改變，故必須發展保護生物技術創新的全球策略，可行的發展策略應是根據國家的法律標準申請專利。In view of the United States Supreme Court has reinvigorated the patent-eligible subject matter requirement, holding that inventions directed to laws of nature, natural phenomena, or abstract ideas are not eligible for patenting unless they also contain an ''inventive concept.'' As a result, the Supreme Court has sparked tremendous controversy. Since the new patent eligibility doctrine is undermining U.S. leadership in innovation, so the U.S. shall reconsider the incentives for innovation in the biotechnologyindustry. Biotech companies facing constant changes in patent eligibility in different countries have to develop global strategies for protecting biotechnology innovations, and a recommended strategy is to file patent applications tailored to the legal standards of the countries of interest.

Chilean Copper and U.S. Companies

2020 ◽  
pp. 97-117
Author(s):  
Sebastián Hurtado-Torres
Keyword(s):  
United States ◽  
Cold War ◽  
The United States ◽  
The Political ◽  
Political Debate ◽  
Democratic Government ◽  
Chilean Copper ◽  
The Cold War ◽  
The U.S

This chapter focuses on the role of copper policies in the relations between the United States and Chile during the Frei administration, especially as they relate to the developmental efforts of the Christian Democratic project. During the Frei administration, the political debate on copper policies reached a climax. Since U.S. capitals were among the most significant actors in the story, the discussions around the issue of copper converged with the ideological visions of the United States and the Cold War held by the different Chilean political parties. As the Frei administration tried to introduce the most comprehensive and consistent reform around the structure of the property of the Gran Minería del Cobre, the forces in competition in the arena of Chilean politics stood by their ideological convictions, regarding both copper and the United States, in their opposition or grudging support for the policies proposed by the Christian Democratic government. Moreover, the U.S. government became deeply involved in the matter of copper in Chile, first by pressuring the Chilean government into rolling back a price increase in 1965 and then, mostly through the personal efforts of Ambassador Edward Korry, by mediating in the negotiation between the Frei administration and Anaconda on the nationalization of the U.S. company's largest mine, Chuquicamata, in 1969.

“A Hidden War”

2020 ◽  
pp. 109-146
Author(s):  
Pierre-Hugues Verdier
Keyword(s):  
United States ◽  
Large Scale ◽  
The United States ◽  
Payment Systems ◽  
Terrorist Groups ◽  
Negative Publicity ◽  
State Prosecutors ◽  
Global Banks ◽  
The U.S

This chapter examines the rise of financial sanctions as a tool of U.S. foreign policy and the role of U.S. prosecutors in enforcing sanctions against global banks. It describes how the United States developed its financial sanctions capabilities against terrorist groups, then turned them against state actors such as North Korea, culminating with elaborate sanctions programs against Iran and Russia. It shows how U.S. federal and state prosecutors uncovered large-scale sanctions evasion efforts at numerous global banks that processed U.S. dollar payments. This enforcement campaign led to some of the largest criminal fines ever levied, and global banks such as HSBC and BNP Paribas agreed to implement U.S. sanctions and anti-money laundering controls in their worldwide operations, thus broadening the reach of U.S. policy. Although U.S. enforcement actions faced strong criticism by U.S. allies, banks facing large fines, negative publicity, and potential loss of access to essential U.S. dollar payment infrastructure complied with U.S. demands. Unlike other cases, U.S. sanctions did not lead to multilateral reforms, instead triggering efforts by sanctioned states and bystanders to reduce their dependence on the U.S. dollar and U.S. payment systems.

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