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Raising Suspicions commented on 'Incentivizing Discovery (rather than...

Nothing like starting off with a little embellishment: "Professor Beineke loves the two white oak trees growing in his front yard. He loves them so much that he filed for patent protection" Except they...

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Watching pigeons commented on 'Incentivizing Discovery (rather than invention)'

Really...growing in his front yard? Why make stuff up? If you knew anything about the issue, you would know that what was interesting here is that he FOUND the trees in another's yard--and they were...

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Blue Bird commented on 'Incentivizing Discovery (rather than invention)'

I guess this is simply not true. Patent law does protect discoveries. They are prevalent in experimental fields like chemistry. Why are you misleading your students on this point?

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David Cohen commented on 'Incentivizing Discovery (rather than invention)'

invents or discovers-and-asexually reproduces ...: isn't that the way to read this? in this story (doesn't matter where he found the trees) the would-be inventor didn't actually DO anything inventive...

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MaxDrei commented on 'Incentivizing Discovery (rather than invention)'

As I understand it, the word "invent" comes from the Latin "invenire" meaning "to discover". Did the good professor have to do anything at all (even a spot of observation and thinking) to "discover"...

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Reinier Bakels commented on 'Incentivizing Discovery (rather than invention)'

I guess the purpose of patents is to "protect" *actions* people can perform - eventually to make money. That is the true purport of the famous Cochrane v. Deener decision in 1876 (which was...

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Reinier Bakels commented on 'Incentivizing Discovery (rather than invention)'

I think you do not see the forest for the trees ...

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Reinier Bakels commented on 'Incentivizing Discovery (rather than invention)'

35 USC § 100(a): "The term “invention” means invention or discovery." Art. 52 EPC: discoveries as such shall not be regarded as inventions. But in common parance the two concepts are used interchangeably.

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Ned Heller commented on 'Incentivizing Discovery (rather than invention)'

The court is laughably inconsistent. It drones on and on that discovery requires invention. Then it acknowledges that discovered seedlings are patent eligible. What a joke.

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Ned Heller commented on 'Incentivizing Discovery (rather than invention)'

Then there is the bit about denying a patent to the first to discover the special utility of two oak trees. This will only force the discoverer to keep the secret of the trees from the public as long...

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Ned Heller commented on 'Incentivizing Discovery (rather than invention)'

Is there a distinction to be made between the discovery of a plant hiterto unknown, albeit a seedling, that has no obvious utility and the discovery of a special property of a particular plant, only...

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Ready Yet To Look At The Bigger Picture? commented on 'Incentivizing...

Then there the bit about another past discussion that Ned has chosen to oops not see or want to talk about - Trade Secrets. (but why do people keep bringing up trade secrets...? Oh wait, that is Ned...

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maxDrei commented on 'Incentivizing Discovery (rather than invention)'

Not sure about that Reinier, but I do think I should have first read the Decision. Then I would not have been holding the wrong end of the white oak stick, when I wrote the comments above.

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Common Patent Parlance commented on 'Incentivizing Discovery (rather than...

"But in common parance the two words are used interchangeably." corrected. The concepts remain vastly different.

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Patent Purpose commented on 'Incentivizing Discovery (rather than invention)'

"I guess the purpose of patents is to "protect" *actions* people can perform - eventually to make money." You would have guessed wrong. It is not just action alone (there is no sweat of the brow reward...

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Moocow commented on 'Incentivizing Discovery (rather than invention)'

White oak needs about 60 - 100 years to grow to an optimal harvesting age. So, the patent would have been granted on something that wouldn't even start to generate revenue until decades after its...

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Way to Drive Blog Activity commented on 'Incentivizing Discovery (rather than...

Nice juxtaposition of articles. This one actually biased to extending patent coverage where it should not go (covering Products of Nature), and the guest professor thread wanting to deny patent...

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AAA JJ commented on 'Incentivizing Discovery (rather than invention)'

Another stellar performance for the PTO's best and brightest. They love to tout those wins at the Fed. Cir. Keep up the great lawyering. You're an inspiration to us all.

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MM commented on 'Incentivizing Discovery (rather than invention)'

The court will award a patent to the discoverer of a plant seedling hitheto unknown regardless of its utility It won't award a utility patent.

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Things That Make You Go Hmmm commented on 'Incentivizing Discovery (rather...

Congress apperantly does not agree with Ned Heller's view on Trade Secrets. The House passed by voice vote the Foreign and Economic Espionage Penalty Enhancement Act of 2012, aiming to INCREASE maximum...

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