« Who’s Peeking at Your Genes? Direct-to-Consumer Genetic Tests and Your Privacy | Main | Handheld Laboratories? Ability to Conduct "Instant DNA Tests," Could Be Available to Physicians, Crime Scene Investigators »

January 16, 2009

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00e5539111878833010536ce6a93970b

Listed below are links to weblogs that reference Space Elevators and Carbon Nanotube Patents:

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Nick

The semiconductor and consumer electronics industries have not faltered due to overly broad patents. Neither has the software industry. Have we had costly, time consumptive set-backs due overly broad and aggressively litigated patents, e.g. the 1 click Amazon.com case? Of course. However, this has not had a "chilling" effect on innovation. Year over year R&D growth in the U.S. tech sectors was around 6% in the late 90's, tapered off during the small recession in '01 and '02 then hit 11.6% in between '04 and '07. (IRI & NSF) In nascent areas of technology, the patent offices frequently struggle to properly identify and examine prior art. This was the case with software, biotechnology, and business methods. Industry outcry, and process/rules changes at the patent offices eventually begin to compensate for the bevy of overly broad patents on emerging technology. It seems to be a pendulum effect not too dissimilar to the economy. Now, due to increased public scrutiny, litigation, and numbers of technically specialized examiners, patents on software, business methods, and biotechnology, have extremly long pendencies, 5-8 yrs at the U.S. patent office. While the pendulum swing in this instance seems a bit dramatic, from overly broad patents on anything to protracted prosecution over the course of 8 years, it does not mean that patents, and more broadly intellecutal property, are evil instruments that freeze R&D. It seems to mirror a fundamentally human and economic cycle of peaks and troughs that ultimately incentifies early wet science, penalizes the later market entries who likely continue to drive product innovation, and provides limited, but arguably more predictable returns to those later market entrants with more incremental product innovations.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

  • Chicago-Kent College of Law

  • Watch for new posts on Tuesdays!