The Role of Patents in the Advent of Web 2.0

Given the significant impact of Web 2.0-related innovations on new Internet-based initiatives, this paper seeks to identify to what extent the main developments are protected by patents and whether patents have had a leading role in the advent of Web 2.0. The article shows that the number of patent applications filed is not that important for many of the Web 2.0 technologies in frequent use and that, of those filed, those granted are even less. The conclusion is that patents do not seem to be a relevant factor in the development of the Web 2.0 (and more generally in dynamic markets) where there is a high degree of innovation and low entry barriers for newcomers.

The secret to legal foretelling: generic and inter-generic aspects of vagueness in contracts, patents and regulations

In this genre analysis research paper, we compare U.S. patents, contracts, and regulations on technical matters with a focus upon the relation between vagueness and communicative purposes and subpurposes of these three genres. Our main interest is the investigation of intergeneric conventions across the three genres, based on the software analysis of three corpora (one for each genre, 1 million words per corpus). The result of the investigation is that intergeneric conventions are found at the level of types of expressed linguistic vagueness, but that intergeneric conventions at the level of actual formulations are rare. The conclusion is that at this latter level the influence from the situation type underlying the individual genre is more important than the overarching legal character of the genres, when we talk about introducing explicit vagueness in the text.

How vague can your patent be? Vagueness strategies in U.S. patents

Patent claims defi ne the protection scope of the intellectual property sought by the patent applicant or patentee. Broad claims are valuable as they can describe more expansive rights to the invention. Therefore, if these claims are too broad a potential infringer will more easily argue against them. But if the claims are too narrow the scope of protection of the intellectual property is greatly reduced. Patent claims have to be, on the one hand, determinate and precise enough and, on the other hand, as inclusive as possible. Therefore patent applicants must fi nd a balance in the broadness of the scope defi ned by their claims. This balance can be achieved by the choice of words with a convenient degree of semantic indeterminacy, by the choice of modifi ers or other strategies. In fact, vagueness in patent claims is a desirable characteristic for such documents. A quantitative and qualitative analysis of a corpus of 350 U.S. patents provides a promising starting point to understand the linguistic instruments used to achieve the balance between property claim scope and precision of property description. To conclude, some issues relating vagueness and pragmatics are suggested as a line of further research.

The Use of Patents to Assess National Innovation Systems: Evidences from Spanish Biotechnology

Spain’s economy recorded a high rate of growth from the mid-1990s onwards. At the same time, the resources allocated to Research and Development (R&D) grew at a much faster pace than in other European Union (EU) countries. Spain’s growth recorded an average rate of 2.93% from the early 1990s to 2004. Over the same period, the average growth in the EU was 0.46%. This circumstance, together with several sound policy decisions implemented between 2004 and 2009, ushered in a “golden age of Spanish biotechnology”. In terms of the national patent licenses issued by the Spanish Patent and Trademark Office (SPTO) between 2004 and 2009, the number in biotechnology grew from 84 to 151. However, the current economic situation in Spain, along with a series of political decisions taken over the past two or three years to cut spending on R&D, predicts a sharp downturn in the performance of Spanish biotechnology. This scenario makes Spain one of the best places to study the successes and failures of the management of science and allows transfer this experience to the other international regions. We need to analyze the influence of political decisions as a major factor with a bearing on the quality of science. Using patents as an indicator of scientific development, this paper analyzes the evolution of the biotechnology sector in Spain and its relationship with scientific policy and the management of R&D.

Patents and Economic Activity: The Need to Develop Prediction Methods for Patent Applications

Since the decade of the 1980’s the literature on economic development began paying attention to the cases of countries which were industrialized after the first industrial revolution. One of the most relevant aspects analyzed has been the role of technology as a factor which promotes or delays the process of catching up with technology leaders. As result of this interest, new and more adequate indicators were identified to provide a coherent explanation for technological activities and their relationship with economic efficiency. Although the earliest studies focused on analyzing the activities of research and development (R&D), recently the focus of analysis has shifted to another type of variables, more oriented towards the processes of innovation and the gathering of knowledge and capabilities, in which patents provide relevant information.

Negative density dependence and environmental heterogeneity effects on tree ferns across succession in a tropical montane forest.

Although tree ferns are an important component of temperate and tropical forests, very little is known about their ecology. Their peculiar biology (e.g., dispersal by spores and two-phase life cycle) makes it difficult to extrapolate current knowledge on the ecology of other tree species to tree ferns. In this paper, we studied the effects of negative density dependence (NDD) and environmental heterogeneity on populations of two abundant tree fern species, Cyathea caracasana and Alsophila engelii, and how these effects change across a successional gradient. Species patterns harbor information on processes such as competition that can be easily revealed using point pattern analysis techniques. However, its detection may be difficult due to the confounded effects of habitat heterogeneity. Here, we mapped three forest plots along a successional gradient in the montane forests of Southern Ecuador. We employed homogeneous and inhomogeneous K and pair correlation functions to quantify the change in the spatial pattern of different size classes and a case-control design to study associations between juvenile and adult tree ferns. Using spatial estimates of the biomass of four functional tree types (short- and long-lived pioneer, shade- and partial shade-tolerant) as covariates, we fitted heterogeneous Poisson models to the point pattern of juvenile and adult tree ferns and explored the existence of habitat dependencies on these patterns. Our study revealed NDD effects for C. caracasana and strong environmental filtering underlying the pattern of A. engelii. We found that adult and juvenile populations of both species responded differently to habitat heterogeneity and in most cases this heterogeneity was associated with the spatial distribution of biomass of the four functional tree types. These findings show the effectiveness of factoring out environmental heterogeneity to avoid confounding factors when studying NDD and demonstrate the usefulness of covariate maps derived from mapped communities.