Patent (och IPR = Intellectual Property Rights) spelar idag en central funktion i Silicon Valley – men det har inte alltid varit så! Förutsättningar för patentering förändras jämt och ständigt – därför har Stanfordprofessorn Paul Goldstein skrivit en bok på det temat.
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Dynamic nature of patent law
AND WHY IT’S KEY TO VALLEY – ”The Tough New Realities That Could Make or Break Your Business.” When Silicon Valley’s semiconductor industry was getting started in the 1970s, patents were the last thing on anyone’s mind. Companies were innovating so rapidly that they often didn’t bother patenting things they were going to replace with the next version in a few months.
Twenty years later, an obscure inventor from Southern California showed up with a patent on the microprocessor, shocking the chip companies that believed they had invented it. Eventually, the patent was overturned, but by then, patents had become a central concern of the high-technology industry.
They still are. Congress is working on the Patent Reform Act of 2007, which contains provisions to limit damage awards and would allow anyone to oppose a patent grant during a period following the grant, and courts are taking steps to protect businesses from unreasonable patent claims. Both those issues are of keen interest to tech firms.
Paul Goldstein, a Stanford law professor, has written a new book on the subject. Despite its title, ”Intellectual Property” (Portfolio, Penguin Group) is an easy read and a good guide for anyone starting or operating a company involved with patent, trademark and copyright issues. And is there any other kind?
En intressant artikel;
http://www.siliconvalley.com/news/ci_7675664?nclick_check=1
En bok som verkar mycket intressant; Intellectual Property – The Tough New Realities That Could Make or Break Your Business
http://www.amazon.com/Intellectual-Property-Tough-Realities-Business/dp/1591841771
Q Your book, ”Intellectual Property” is subtitled ”The Tough New Realities That Could Make or Break Your Business.” What are they?
A The realities center around the volatility of intellectual property law – not just patents, but copyrights, trademarks and trade secrets. An abrupt change in any of these areas of law can make or break your business.
Q By ”abrupt change,” you mean. . . ?
A An example: In the early 1970s, Kodak looked at the instant photography business that Polaroid monopolized, thanks to its patents. Kodak had expert counsel, relying on existing patent law which imposed a high standard, telling it that these patents were invalid, under existing standards.
So Kodak invested $600 million, relying on these expert opinions. Well, by the time the product came out, the Court of Appeals for the Federal Circuit had lowered the patent standard, and suddenly patents that looked invalid when Kodak made its investment were now valid. Once you count the damages levied against Kodak, their loss was over a billion dollars, just because the legal standard changed.











