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« Boehringer Ingelheim Int'l. v. Barr Laboratories, Inc. (Fed. Cir. 2010) | Main | Biotech/Pharma Docket »

January 27, 2010


All the comments previously mentioned about the faultiness of the program still apply.

Changing the user set won't change the fact that the program cannot and does not reflect Real Life.

Nonetheless, it would be interesting to see how drastic a change in results might occur if the user pool was not students at all, but rather patent professionals in the appropriate field of art.

The study is still flawed. If you did the same study with real property, you would get the same results. But there is no real world evidence that the world is better with real property law. In addition, the study’s definition of commons give the participants more control over their technology than any real world contract or other law allows.

The study needs to be repeated with experienced executives who are responsible for decisions, not students with no accountability to shareholders or investors.

They should have added at the end of claim 1: wherein the current patent system is revealed as largely being a bunch of bunk.

or perhaps:
wherein said user realizes that currently patents have a negligable effect on innovation and starve the economy of profits; and wherein the user becomes concerned about this.

Oh and someone should tell them that "system" claims have to fit within one of the stat classes and cannot overlap two of them.

"an administrator module;"

is presumptively a structural limitation.

" wherein said user puts together an invention object, using two or more invention elements from an invention repository or some other source;"

Is obviously a method step.

"Nonetheless, it would be interesting to see how drastic a change in results might occur if the user pool was not students at all, but rather patent professionals in the appropriate field of art."

Innovations would go up by .00000000000001 and profits would dip by 500%+.

Ouch Kev,

Trainwreck free from me - sorry that you will still have to put up with utter nonsense from 6.

All the other posts are correct - no matter who uses a flawed model, the results still are tainted. As it is, the simulation is but a game and there is no useful signal to be gleaned from the results.

The authors' definition of "innovation" is flawed. In the study, "innovation" is defined to be nearly synonymous with "invention." Few credible economists would define innovation in this limited way, as it fails to account for the expense of developing the invention into a marketable product. For example, there's a big difference between discovering that compound X inhibits enzyme Y and developing an oral dosage form for safely delivering an effective amount of compound X to a human being.

As Posner and Landes point out, the goal of patent protection is not merely to generate more inventions. Rather, it is to permit the inventor (or her assignee) to have a capitalizable property interest, which can be used to attract the funding necessary to transform the invention into an innovative product.

This study should be retitled: "If we pretend that patent law operates like copyright law, then we find that 'patent' protection does not generate significantly higher levels of invention." Doh!

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