Does Strengthening the Property Rights of Employee Inventors Spur Innovation? Empirical Evidence on “Freedom to Create” Laws Passed by U.S. States PDF Download
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Author: Shashwat Alok Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The incompleteness of employment contracts may leave inventors vulnerable to ex-post opportunism by their employers, curtailing their innovative effort. We investigate whether laws strengthening the property rights of inventors against employer opportunism can foster innovation using the passage of “freedom to create” laws by seven U.S. states as a natural experiment. We employ a difference-in-differences design that includes a rich set of state, technology, and time-fixed effects to compare the quantity and quality of patenting in these seven states vis-a'-vis synthetic control states. We find the laws increased both the number of patents (by 14 =%) and their quality (according to various measures, including citations and extent of path-breaking innovation). The increase in innovation was broad, observed for both firm-specific and generic innovation and in firms with and without prior patents.
Author: Shashwat Alok Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The incompleteness of employment contracts may leave inventors vulnerable to ex-post opportunism by their employers, curtailing their innovative effort. We investigate whether laws strengthening the property rights of inventors against employer opportunism can foster innovation using the passage of “freedom to create” laws by seven U.S. states as a natural experiment. We employ a difference-in-differences design that includes a rich set of state, technology, and time-fixed effects to compare the quantity and quality of patenting in these seven states vis-a'-vis synthetic control states. We find the laws increased both the number of patents (by 14 =%) and their quality (according to various measures, including citations and extent of path-breaking innovation). The increase in innovation was broad, observed for both firm-specific and generic innovation and in firms with and without prior patents.
Author: Kazuhide Odaki Publisher: ISBN: 9781509920341 Category : Inventions, Employees'. Languages : en Pages : 196
Book Description
"Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers."--Résumé de l'éditeur.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet Publisher: ISBN: Category : Biography & Autobiography Languages : en Pages : 96
Author: United States. Congress. House. Committee on the Judiciary Publisher: ISBN: Category : Employee rights Languages : en Pages : 122
Book Description
Committee Serial No. 15. Includes "Federal Employee Invention Rights -- Time to Legislate," by Marcus B. Finnegan and Richard W. Pogue, Michigan Law Review, May 1957 (p. 49-112).
Author: Daniel H. Shulman Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The intersection between patent law and family law principles has the potential to create an irreconcilable conflict in the area of patent ownership. These two legal worlds operate by virtue of different statutory provisions of automatic vesting of title that appear to be unable to coexist. Under U.S. patent law, ownership of a patent automatically vests, as personal property, in the individual inventor. Many, if not most, inventors are employees who, under some written obligation (such as a routine employment agreement), assign their ownership rights to the inventions created as part of their jobs to their employers. At the same time, however, property acquired by a married individual (in most, if not all states) is considered marital or community property of the married couple. In that case, then, when an employee invents something and acquires an interest in a patent (which the employee does automatically upon invention under U.S. law), that patent may become marital property of the couple before the employee assigns the employee's interest to the employer. In other words, an employer who receives an assignment from the employee alone of only the employee's interest may end up owning the patent jointly with the spouse who has his or her own undivided interest in the marital property. This problem is particularly acute when, as is commonly the case, the assignment from the employee to the employer is a present assignment of an expectant interest which transfers legal title in the patent to the employer as soon as the patent arises. In that case, the two property regimes -- patent law and marital property law -- have competing, incompatible automatic vesting regimes. Patent law automatically vests ownership of patents in inventors and, by virtue of most common employment agreements, their employees; marital law, at least in community property states, automatically vests ownership of property in the spouse. The result, never previously explored, is that vast corporate patent portfolios may be subject to co-ownership with thousands of individual employee spouses (or ex-spouses). Federal courts may not be able to resolve this conflict without wading into family law, an area traditionally left to the states. In addition, federal courts have long maintained that patent ownership is a matter of state property and contract law, making a judicial remedy on the basis of preemption unlikely. In Spousal Rights to Inventions: A Latent Threat to Corporate Patent Portfolio, we propose new federal legislation is necessary to create predictability in corporate patent ownership. Additionally, we provide some practical suggestions for employers confronted with this dilemma.
Author: United States. Congress. House. Committee on Science and Astronautics. Subcommittee on Patents and Scientific Inventions Publisher: ISBN: Category : Electronic books Languages : en Pages : 981
Book Description
Committee Serial No. 47. Reviews patent policy for inventions made by employees working for private businesses under NASA contracts. Includes Committee Print "Impact of the Patent System on Research" 1958 (p. 905-981).
Author: World Intellectual Property Organization Publisher: WIPO ISBN: 9280517910 Category : Law Languages : en Pages : 230
Book Description
The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.
Author: Committee on Issues in the Transborder Flow of Scientific Data Publisher: National Academies Press ISBN: 0309523567 Category : Computers Languages : en Pages : 250
Book Description
Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences when more bits of scientific data cross more national borders and do it more swiftly than ever before? Bits of Power assesses the state of international exchange of data in the natural sciences, identifying strengths, weaknesses, and challenges. The committee makes recommendations about access to scientific data derived from public funding. The volume examines: Trends in the electronic transfer and management of scientific data. Pressure toward commercialization of scientific data, including the economic aspects of government dissemination of the data. The implications of proposed changes to intellectual property laws and the role of scientists in shaping legislative and legal solutions. Improving access to scientific data by and from the developing world. Bits of Power explores how these issues have been addressed in the European Community and includes examples of successful data transfer activities in the natural sciences. The book will be of interest to scientists and scientific data managers, as well as intellectual property rights attorneys, legislators, government agencies, and international organizations concerned about the electronic flow of scientific data.
Author: Barack Obama Publisher: DIANE Publishing ISBN: 1437981240 Category : Technology & Engineering Languages : en Pages : 26
Book Description
Pres. Obama’s Innovation Strategy builds on over $100 billion of Recovery Act funds that support innovation, support for educ., infrastructure and others and novel regulatory and exec. order initiatives. It seeks to harness the ingenuity of the Amer. people and a dynamic private sector to ensure that the next expansion is more solid, broad-based, and beneficial than previous ones. The strategy focuses on critical areas where balanced gov’t. policies can lay the foundation for innovation that leads to quality jobs and shared prosperity: (1) Invest in the Building Blocks of Amer. Innovation; (2) Promote Competitive Markets that Spur Productive Entrepreneurship; (3) Catalyze Breakthroughs for National Priorities. Illus. This is a print on demand publication.
Author: Shashwat Alok
Author: Shashwat Alok
Author: Kazuhide Odaki
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet
Author: United States. Congress. House. Committee on the Judiciary
Author: Daniel H. Shulman
Author: United States. Congress. House. Committee on Science and Astronautics. Subcommittee on Patents and Scientific Inventions
Author: World Intellectual Property Organization
Author: Committee on Issues in the Transborder Flow of Scientific Data
Author: R. B. Nicholson
Author: Barack Obama