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.

Patent elucidation for clil and vice versa understanding the inventor´s mind

In this paper we present an English-medium instruction (EMI) team-teaching initiative to be soon implemented within the Agronomic Engineering masters programme at the Technical University of Madrid (UPM). Through the patent genre we not only intend to teach specific agronomical syllabi contents synchronically and diachronically, but also broaden our students’ academic and professional literacies, help them practice and improve their communication abilities in English as a lingua franca, and motivate them as future autonomous professionals while fostering the exercise of higher-level transversal skills—critical thinking, creativity, cooperation, and entrepreneurship. We begin by introducing the current mobility trends in higher education contexts and the common misconceptions surrounding the notion of patent, and get on to describe the design and evaluation procedures of the course. To conclude, we recapitulate the main benefits of our pedagogical proposal and open windows onto further didactic applications.

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.

Understanding the inventor’s mind through patent analysis: a clil team-teaching experience at the Technical University of Madrid

Describimos una iniciativa de enseñanza en equipo, basada en la metodología CLIL y aplicada recientemente en la Escuela Técnica Superior de Ingenieros Agrónomos de la Universidad Politécnica de Madrid. Dos profesoras—una ingeniera agrónoma y una lingüista, junto con cerca de 20 estudiantes de máster, analizamos una patente contrastándola con un artículo de investigación homólogo, escrito por los mismos autores sobre el mismo objeto tecnológico, y examinando sus diferentes contextos y consecuencias sociales. Con una duración de siete horas y media y un carácter eminentemente práctico, el seminario impartido no sólo se ha diseñado para proporcionar contenidos disciplinarios (agronómicos) y procedimentales (las estrategias propias de la escritura de patentes), sino también para suscitar sensibilidad hacia el lector y fomentar competencias transversales

Flows of knowledge from universities and federal laboratories: Modeling the flow of patent citations over time and across institutional and geographic boundaries

The extent to which new technological knowledge flows across institutional and national boundaries is a question of great importance for public policy and the modeling of economic growth. In this paper we develop a model of the process generating subsequent citations to patents as a lens for viewing knowledge diffusion. We find that the probability of patent citation over time after a patent is granted fits well to a double-exponential function that can be interpreted as the mixture of diffusion and obsolescense functions. The results indicate that diffusion is geographically localized. Controlling for other factors, within-country citations are more numerous and come more quickly than those that cross country boundaries.

Patenting Strategies of the EU Pharmaceutical Industry -Crossroad between Patent Law and Competition Policy. Research Papers in Law, 1/2011

From the Introduction. The pharmaceutical sector inquiry carried out by the European Commission in 2008 provides a useful framework for assessing the relationship between the patent system on the one hand and competition policy and law on the other hand. The pharmaceutical market is not only specifically regulated. It is also influenced by the special characteristics of the patent system which enables pharmaceutical companies engaged in research activities to enter into additional arrangements to cope with the competitive pressures of early patent application and the delays in drug approval. Patents appear difficult to reconcile with the need for sufficient and adequate access to medicines, which is why competition expectations imposed on the pharmaceutical sector are very high. The patent system and competition law are interacting components of the market, into which they must both be integrated. This can result in competition law taking a very strict view on the pharmaceutical industry by establishing strict functional performance standards for the reliance on intellectual property rights protection granted by patent law. This is in particular because in this sector the potential welfare losses are not likely to be of only monetary nature. In brief, the more inefficiencies the patent system produces, the greater the risk of an expansive application of competition law in this field. The aim of the present study is to offer a critical and objective view on the use or abuse of patents and defensive strategies in the pharmaceutical industry. It shall also seek to establish whether patents as presently regulated offer an appropriate degree of protection of intellectual property held by the economic operators in the pharmaceutical sector and whether there is a need or, for that matter, scope for improvement. A useful starting point for the present study is provided by the pharmaceutical sector competition inquiry (hereafter “the sector inquiry”) carried out by the European Commission during the first half of 2008. On 8 July 2008, the Commission adopted its Final Report pursuant to Article 17 of Regulation 1/2003 EC, revealing a series of “antitrust shortcomings” that would require further investigation1.