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第十二章 专利和早期知识
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1.Houze, Cooper, and Kornhauser, Samuel Colt.
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2.Porter obituary, Scientific American, November 8, 1884.
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3.Rufus Porter, Scientific American 1, no.1 (August 28, 1845), p..1.See http:// en.wikisource.org/wiki/Scientific_American/Series_1/Volume_1/Issue_1 /Front_page.
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4.Khan, Democratization of Invention.
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5.Lamoreaux and Sokolo., “Inventors, Forms, and the Market.” Note that a popular culture of invention also developed in Britain, despite its more expensive and cumbersome patent system.See MacLeod, Heroes of Invention.
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6.Oz,“Acceptable Protection”; Samuelson, Denber, and Glushko, “Developments on the Intellectual Property Front.”
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7.For example, see Andy Baio, “A Patent Lie: How Yahoo Weaponized My Work,” Wired, March.13, 2012,http://www.wired.com/business/2012/03/opinion-baio-yahoo-patent-lie/.
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8.Chien, “Startups and Patent Trolls.”
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9.Tucker, “Patent Trolls.”
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10.Bessen and Meurer, “Direct Costs.”
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11.Bessen, Ford, and Meurer, “Private and Social Costs.”
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12.Cotropia and Lemley, “Copying.”
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13.Smeets, “Does Patent Litigation Reduce Corporate R&D?”
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14.Feldman, “Patent Demands.”
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15.Tucker, “E.ect of Patent Litigation.”
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16.Bessen, “Generation of Software Patents.”
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17.Graham et al., “High Technology Entrepreneurs.”
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18.Three-quarters of the biotech start-ups responding to the Berkeley survey had patents, for example.
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19.Graham et al., “High Technology Entrepreneurs,” p..1318.
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20.Kravets,“Do Patents Really Matter?,” used matching software to identify firms in the TechCrunch database of start-ups that had published patent applications in the U.S.Patent O.ce database.It is possible that missed matches might cause the estimate of those with patent applications to be understated.Other studies have used surveys of venture-backed firms, but these studies suffer from possible response bias.Mann and Sager, “Patents, Venture Capital, and Software,” found that 24 percent of venture-backed software firms had patents.Graham et al., “High Technology Entrepreneurs,” found that 67 percent of venture-backed software firms had patent applications, as did 96 percent of venture-backed biotechnology firms.However, the sample of venture-backed software firms used in this study was small, possibly making the estimate unreliable and explaining why it differs from the other studies.
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21.Venture funds appear to be mainly motivated here by “salvage value.” That is, they want their funded companies to get patents so that if the company fails, the patents might be sold o.to recoup some small portion of the venture capital investment.Some people argue, instead, that patents help a start-up “signal” its quality to potential investors.The idea is that investors lack information about which start-ups have highquality technology, and a start-up with a patent might appear to have better technology.This factor seems to have limited explanatory power, however, in software technology.It seems that the majority of start-up patents are.led for after a firm is funded.Such signaling is apparently not important for investors in public equity markets.And it appears that, to some extent, venture funds looking for patents have been something of a fad—much of the activity seems to be concentrated among some of the most riskaverse funds, such as corporate venture funds, and the percentage of start-ups obtaining patents appears to be declining in recent years (Kravets, “Do Patents Really Matter?”).The value of signaling might be greater in biotech, where obtaining a patent is more central to the prospect of commercial success.
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22.The list of permissible elements after “comprising” might include some elements that are not recited in the patent claim, while the permissible elements listed after “consisting of” constitute all of the possible elements.
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23.Dennis Crouch, “Small Entity Status,” Patently-O(blog), February 12, 2013, http://www.patentlyo.com/patent/2013/02/smallentitystatus.html.
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24.Risch, “Patent Troll Myths.”
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