scholarly journals Security Interests in Patents and Patent Applications?

Author(s):  
Pauline Stevens

There is a question mark in the title of this article because more questions than answers have been encountered in researching the topic. The relative certainty with which owners of furniture, equipment, accounts and most other personal property can obtain credit by granting a security in their property rapidly dissipates when the property in question is intellectual property. Owners of patents and other intellectual property find barriers to obtaining secured credit that are not faced by other property owners because there is a historical gap between the federal law protecting rights of intellectual property owners and state laws addressing secured transactions. The increasing importance of intellectual property to the economy of the United States (patent filings having increased by seventy percent since 19962 raises the visibility of this gap and urges consideration of changes in law. This would permit owners of intellectual property access to the same financing opportunities that are available to owners of other personal property. There seems to be no public policy that justifies the current situation.

2016 ◽  
Author(s):  
Dan Burk

Intellectual property law constitutes one of the primary policy tools by which society influences the development and design of new technologies. However, the underlying philosophical basis for this system of rewards has gone largely unexamined. For example, implicit in the intellectual property system is a strong element of mind/body dualism that informs the incentives for technological development. In copyright, the work created and owned by an author is idealized as an intangible form, which may be embodied or fixed in a tangible medium of expression. The parallel patent law doctrine of inventorship shows an even more striking pattern of dualism. In the United States patent priority is decided primarily on the basis of conception of the invention in the mind of the inventor; the actual building or reduction to practice of the invention is held largely irrelevant.Similarly, both patent and copyright doctrine entail a strong element of nature/culture dualism. In patent law, this manifests as the product of nature doctrine, holding that only the products of human effort are patentable, and not discoveries drawn from nature. In copyright, facts and other natural occurrences are excluded from copyright as being unoriginal, that is, not originating from the creativity of an author. Both systems assume that facts or properties embedded in the fabric of reality can be separated from the human activity that observes and defines such facts and properties.


Author(s):  
Ayres Fran da Silva e Silva ◽  
Geraldo Eduardo da Luz Júnior

A doença de Chagas é endêmica, principalmente, em países de clima tropical sendo relacionadas à pobreza e ao baixo desenvolvimento, afetando milhões de pessoas no mundo. No Brasil, de 1,8 a 2,4 milhões de indivíduos devam estar na fase crônica da doença, 1/3 deles na forma cardíaca e digestiva. Este trabalho objetiva analisar o grau de desenvolvimento tecnológico através da prospecção tecnológica sobre o diagnóstico da doença de Chagas em busca  de  patentes e artigos.  Para a busca e  análise das patentes utilizaram-se  as bases de dados do Instituto Nacional da Propriedade Industrial (INPI),  “European  Patent  Convention”  (EPO), “The  United  States  Patent  and  Trademark  Office” (USPTO), “Word intellectual property organization” (WIPO) e “Esp@cenet-Latipat” (LATIPAT). Para os artigos científicos a base de dados usada foi a “Web of Science”. As patentes mostraram que os biomarcadores são mais protegidos para diagnosticar a doença de Chagas, as publicações de artigos científicos sobre o tratamento e diagnóstico foram expressivas no Brasil, com destaque para Fundação Oswaldo Cruz. Assim, a prospecção destaca um mapeamento, de artigos na base de periódicos “Web  of  Science” de 2005 a junho de 2015, além patentes que estavam depositadas nos bancos já mencionados acima na data de 10 de junho de 2015, aplicado para o diagnóstico da doença de Chagas. 


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Patrick Griffis ◽  
Jared Hoppenfeld

PurposeThe authors' goal in writing this article was to provide background information and detailed considerations to assist those wishing to provide patent and trademark assistance at their libraries. The major considerations include staffing, spaces and resources, with the time commitment from the staff being the most significant.Design/methodology/approachThis paper combined the experiences of an author relatively new to patent and trademark librarianship with one who has years of experience. These were used in tandem with knowledge gained from a decade of attendance at annual week-long seminars at the United States Patent and Trademark Office (USPTO) as well as by way of a comprehensive literature review.FindingsThe main commitment needed in providing patent and trademark services to the public is not money but the investment of time, which includes professional development, staffing, teaching classes and workshops, outreach and consultations.Originality/valueThe information in this paper should serve as guidance to anyone new to providing patent and trademark services within their libraries, including those at Patent and Trademark Resource Centers (PTRCs), Patent Information Centres (PATLIBs) and beyond. Although articles have been published on various aspects of intellectual property (IP) and libraries, a comprehensive guide to providing patent and trademark services has yet to be published.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
JianQin Xiang ◽  
Feicheng Ma ◽  
Haiyan Wang

PurposeStudies have indicated that international innovation collaboration has promoted technology transfer and knowledge spillover between countries. The conclusion of various international intellectual property (IP) treaties has played an essential role in optimizing the international innovation and collaboration environment. This study investigates the effect of IP treaties on international innovation collaboration and whether international IP treaties can promote collaboration between a country and other economies in the world.Design/methodology/approachAfter collecting and extracting the patent record data from the United States Patent and Trademark Office (USPTO), a final dataset of 3,213,626 cooperative patents and 465,236 pairs of collaborations between two countries or regions is established. Based on the international patent collaboration data of 192 countries during 1976–2017, the changes in patent collaboration indicators after these countries joined 23 IP treaties are analyzed.FindingsInternational IP treaties have significantly increased the number of patent cooperation countries of a country and its importance in international cooperation networks. The role of IP treaties is more manifested by the increased opportunities for a country's international innovation cooperation than its influence on global innovation; this is of extreme significance for developing countries to introduce advanced technologies.Originality/valueGinarte and Park (1997) have confirmed that IP treaties have helped to raise the level of IP protection. In this study, the increase in the degree centrality of the international innovation network is evidence of IP treaties to promote innovation cooperation. For a developing country, joining an intellectual property treaty may strengthen intellectual property protection and optimize its own international innovation cooperation methods.


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