The Interconnections Between Entrepreneurship, Science, and the Patent System
This Article considers several related points about the recent changes to the patent system and the opportunities for entrepreneurship. The concern about the adverse effect of the recent changes to patent law on innovation may be overstated. As a practical matter, the concept that patents are a necessary input to innovation is built on a model that does not account for the complex relationship between this legal system, science, and innovation. Although it can be expected that there may be some adverse impacts from these decisions, this trend opens up the opportunity for entrepreneurship. By releasing more foundational information into the public domain, there is a real possibility that innovative efforts by new firms will be encouraged. Further, innovation over the long term has positive effects on scientific investigation. In some respects, the practical necessities have led to innovation in the past and, in some instances, inspired new forms of scientific investigation. To the extent that such firms are no longer encumbered by broad, vague patent challenges, such resources can be geared toward additional research and innovative efforts.
2016 Utah L. Rev. 631 | (Download PDF)
Andrew A. Schwartz
Retail crowdfunding under Title III of the JOBS Act has a fundamental advantage over accredited crowdfunding and intrastate crowdfunding: the value of inclusivity. What that is worth in a given instance may be difficult to calculate, but it is surely more than zero. This is one reason to expect that retail crowdfunding, once it commences, may prove more successful than many commentators anticipate.
2016 Utah L. Rev. 661 | (Download PDF)
Alice Was No Rabbit Hole: Why Software Inventors Should Be Neither Surprised nor Alarmed
Gottschalk, Diehr, Alice, and Tenon all held that computer programs that do not transform a business method or process are patent ineligible if the applicable metod or process is not transformed into a new, inventive concept. Although patent protection provides a limited monopoly on the applicable invention, the business practices of NPE's and legislation purposed to mitigate the perils of pracitcing patents have created an ecosystem of uncertainty and risk that many are not willing or able to expose themselves to.
2016 Utah L. Rev. 675 | (Download PDF)