1. Patent

2. Jonah Lehrer on Colbert Report

3. The Patent Class

4. This American Life Patents make safe to share your ideas 2004-2009, +70% patent lawsuits and +650% license requests “Patent Troll” – Hoarding IP, make no products, look to sue Lawsuits slow innovation; raise costs Re$ource based activity; those who can pay can play Software patents used to be copyrightable only Patents prevent innovation / Patents ARE NOT inventions “shell companies”

5. Leadbeater Market created by consumers; companies follow Disruptive inventions; radical innovations; uses

6. Leadbeater Cont'd Bottom up creativity vs. Top down – Producers consume consumers' ideas Innovations are collaborative, develop slowly Payoff for innovation is greatest when uncertainty is greatest – Consumers help dictate the uses of an invention (invent the USE); uses of invention worked out through use – New ideas are disruptive and don't happen within large organizations...corporations follow. Emerging markets are creative – Innovation comes from “pro-ams”

7. Patent Basics 35 U.S.C. (from Constitution) protect ideas applied to inventions, NOT just ideas themselves Receive limited monopoly of 14-20 years, in exchange for making idea “public domain” While idea is public domain, to use it a LICENSE must be obtained from patent holder (license=$/permission) By applying, the idea is made public (except design patents) Right to PREVENT others from using idea within a country (territoriality!!!) “World wide patent”=went through patent process in other countries Right to exclude, NOT permission to sell

8. Patent Basics Cont'd EXCLUSIONARY right granted to natural people (inventors), assigned or licensed to corporations NO corporate authorship!!! NO FAIR USE!!! Employees usually must assign patent to corporations when made under employment Limited property right, shared w/ public 14- year (design patents) and 20-year durations – Extendable for patents that must go through FDA Patent scope determined by claims in “file wrapper”

9. Filing $$$$$ and knowledge for application Patent examiner (lawyer) at USTPO 20 rejections for every allowance Unless inventor has capital/knowledge, must partner w/ corporation or sell “Patent Pending”= a warning that patent application filed; protect against injunction, etc.

10. First to File v. First to Invent Steps of Invention in US – 1) conception – 2) reduction to practice (filing patent and uses) America Invents Act of 2011 – US a first to invent to a first to file system – Went into effect March 16, 2013 US was only FTI, rest of the world was first to file (FTF).

11. Edison Phonograph 5 main parts, based on prior art: – 1) the trumpet, sketched by da Vinci and used in communication systems for the Duke of Milan – 2) the diaphragm, articulated by Hippocrates of Greece and used in drums – 3) the stylus, used in pictographs by Egyptians and Assyrians – 4) moving cylinders, used in lathes – 5) the feed screw, an innovation of Archimedes – 6) the wheel

12. Motion Pictures Patent Company 1908-1918 Edison controlled most motion picture patents, but those expired in 1910s Vertically integrated, from film stock, motion picture cameras, projectors, etc. Distributors, exhibitors would “infringe” on the patents if they didn't use/license from the Trust Attempt to standardize the industry; both delivery and content 1915, Supreme Court “busted” the trust; Cartel, monopoly (violated anti-trust)

13. What Does Patent Protect Plant patents: asexually reproduced plants Design patents: ornamental design; not function Utility patents: “patents for invention”; 90% of patents are these Improvement patent: if technology underlying the improvement is still patented, new inventor cannot exercise the improvement w/out license, cross license or “license pool”

14. But not... Cannot patent products of nature (a tree or water) or laws of nature (fruit rots, gravity) Cannot patent mathematical theory, just how it's applied in inventions Cannot patent abstract ideas BUT, medical procedures and living organisms are PATENTABLE After 2013, cannot patent DNA (20% of human genes had been patented)

15. Utility Patent Invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof Functionality of item – Machine: moving parts – Article of manufacture: solid (hammer, ceramics, chairs) – Composition of matter: chemical compound – Method/Process: means to an end (software) Process= manufacturing; Method=using product for result Business Method: e-commerce, banking, insurance – Improvements 20 years term

16. Design Patent Ornamental design on utilitarian objects – Beverage containers, jewelry, furniture, computer/phone icons, novel fonts, building Similar to “trade dress” but trade dress assumes “secondary meaning” Duration of 14 years Applies to design, NOT function – Can be invalidated if design has practical utility Infringement=substantially similar

18. Patentability Requirements Novel: the same invention was not made by someone else Non-obviousness: can't be just a combination of prior works; most challenging hurdle and core requirement of patentability – Must be an “inventive leap” – Mt. bike would not be patentable Utility: if it works, it has utility – “useful Arts” from Constitution

19. 2013 Supreme Court Decisions Assoc. for Molecular Pathology v. Myriad Genetics – Can "products of nature" can be treated the same as "human-made" inventions? Can "products of nature" – Court says NO, but scientist made DNA and processes still patentable (cDNA=complementary) Bowman v. Monsanto Company – Can you save seeds from patented seeds? – Farmer claim patented exhaustion (like “first sale”) Farmer claim patented exhaustion – NO, infringes on patents. Buy seeds=license for underlying patent

20. Patent Absurdity Patent and the Remix? – Use “prior art”: any technology has other technologies and patented ideas in it – Mix elements together to make something new If no patent, why innovate? These technologies also allow us to infringe (i.e. computer/software)...ironic? The problem of software patents? – Promote and/or Stifle innovation? Chilling Effect?