Academic commentary about patent law, i.p. law, creativity, and more

October 5, 2007

More on the Flckr photo suit

posted by Joe at 6:01 am

Here.


October 4, 2007

Nonobviousness – The Shape of Things to Come

posted by Joe at 2:45 pm

Together with my colleague, Geoff Manne, I have organized a conference on the nonobviousness doctrine following the Supreme Court’s KSR case last term.  The conference is entitled, “Nonobviousness – The Shape of Things to Come.”  It’s a great line-up of participants, and should be an excellent conference.  You can find details here.  Here’s the program:

FRIDAY

8:00 a.m. Registration and Continental Breakfast

8:30 a.m. Welcome and Introduction

Lisa LeSage
Associate Dean and Director of Business Law Programs
Joe Miller, Associate Professor, Lewis & Clark Law School
8:45 a.m. Morning Session I – Law
Panelists:
Gregory Mandel, The Nonobvious Problem
John Duffy, Racing, Timing, and the Patenting Standard
Rebecca Eisenberg, Pharma’s Nonobviousness Problem

Commenter:
Rochelle Dreyfuss
10:15 a.m. Break

10:30 a.m. Morning Session II – Economics
Panelists:
Suzanne Scotchmer, Nonobviousness, Options and the Scarcity of Ideas
Scott Stern, The Strategic Impact of Patent Office Standards
Vincenzo Denicolo, The Nonobviousness Requirement with Complementary Innovations

Commenter:
Michael Katz
Noon Lunch
Keynote Speaker – Kevin Rivette
Mr. Rivette is currently the Chairman of the USPTO Public Patent Advisory Committee. He recently served as IBM’s Vice President of Intellectual Property Strategy.
1:15 p.m. Afternoon Session I – Psychology
Panelists:
Keith Sawyer
Colleen Seifert, Now Why Didn’t I Think of That? The Cognitive Processes That Create the Obvious,
Steven Smith, Invisible Assumptions and the Unintentional Use of Knowledge and Experiences in Creative Cognition

Commenter:
Janet Davidson
2:45 pm Break

3:15 pm Afternoon Session II – R & D Perspectives
Panelists:
Mark Blaxill, Senior Partner & Managing Director, Boston Consulting Group
Ian Harvey, Chairman, Intellectual Property Institute (UK)
Damon Matteo, Vice President for Intellectual Capital Management, Xerox PARC
Kevin Rivette, Chairman, USPTO Public Patent Advisory Committee

Moderator:
Andy Culbert, Associate General Counsel, Microsoft Corp.

4:30 pm Reception
SATURDAY

8:30 am Continental Breakfast

9:00 am Morning Session I – Law
Panelists:
Katherine Strandberg, Nonobviousness and Nerd Culture
Joseph Miller, Are Erroneous Patent Denials Better Than Erroneous Grants?
R. Polk Wagner, KSR, the Supreme Court and the Future of Patent Reform

Commenter:
Robert Merges
10:30 am Break

10:45 am Roundtable Discussion

Noon Lunch & Conference Close


October 1, 2007

The Flickr Photo Suit

posted by Joe at 7:11 am

Here’s yesterday’s New York Times story on the right-of-publicity suit arising from the commercial use of a Creative Commons-licensed photo found at Flickr.  I agree with Mike Madison: there are some deep questions here about Creative Commons.


Engineering Humans

posted by Joe at 7:06 am

This weekend’s New York Times has an engaging story about the Olin College of Engineering, an engineering program that retools the connection between technical and humanities education.

Here’s a taste:

At its tiny campus in Needham, Mass., outside Boston, Olin is trying to design a new kind of engineer. Most engineering schools stress subjects like differential calculus and physics, and their graduates tend to end up narrowly focused and likely to fit the stereotype of a socially awkward clock-puncher. Richard K. Miller, the president of the school, likes to share a professional joke: “How can you tell an extroverted engineer? He’s the one who looks at your shoes when he talks to you.” Olin came into being, Miller told me last spring in his office on campus, to make engineers “comfortable as citizens and not just calculating machines.” Olin is stressing creativity, teamwork and entrepreneurship — and, in no small part, courage. “I don’t see how you can make a positive difference in the world,” he emphasized, “if you’re not motivated to take a tough stand and do the right thing.”

If you’re interested in engineering, education, or both, take a look.