Patent Law Quotes

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It’s essential for patent applications. Showing the roads you traveled and the work you put into testing, experimentation, and trials to realize your final product is part of your narrative—your patent story.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
It’s better to have one huge filing with lots of detail, data, and use cases than a dozen failed filings of five to ten pages each. Minimum filing requirements are not minimum requirements to secure a patent. Who does your patent keep out, and how? Your goal in creating IP is for it to be valuable, to be connected to the company, to be linked to your products or service, and to keep out competitors.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
If you can’t communicate it, you can’t file a proper application. If you can’t file properly, you can’t secure a patent.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
IP filing is a race. The first person to file and get accepted wins and can shut you down, even if the idea was yours in the first place. Waiting too long means you don’t get a patent. Too many companies do just that.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
IP is not just an idea; it’s an intangible asset that does a specific job for you. Each one is different—patents, trademarks, copyrights. The specific way you get that job done is what you’re protecting, and the way you do it affects the asset value.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
I can explain nothing to you unless I first draw your attention to patent inadequacies in your knowledge; discontinuities in the relations between objects, or the presence of anomalies you cannot account for by any of the laws known to you. You will remain deaf to my explanations until you suspect yourself of falsehood.
James P. Carse (Finite and Infinite Games: A Vision of Life as Play and Possibility)
If you’re not filing patents, but your competitors are, all you have is risk. You’re taking a huge chance that no one else will enter your space and kick you out. That’s the benefit of patents; you don’t have to let everybody in. You can let just a few major players in because you want what they have, or you don’t want to worry about them. Remember, you’re not at the big boys’ lunch table. But if you partner with their competitor, they’ll be worried. Then they’ll want to see if your patent protection is strong or if they can exploit a weakness.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
IP is an intangible asset—an idea converted into transferable personal property rights through patents, trademarks, copyrights, service marks, and trade secrets. IP covers every famous animated character you’ve ever heard of, the logos on your clothing. IP covers products and services you use every day—from flashlights to mobile phones, packaging to cars, food and beverage products, to smart thermostats. IP is not only for big businesses. Most start-ups and event microbusinesses have IP of some kind. 
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
Hiring is hard. Letting go is harder. It’s far easier to hire the right person from the start than to hire the wrong person, realize they’re a bad fit for your company, and then figure out how to let them go. When you know what you want in a new hire, the hard part gets easier. And when you know how to protect your IP, you don’t have to learn the hard lesson.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
When patents are granted, it creates opportunities for a few to profit in service of many. When patents expire, it creates opportunities for many to each profit in service of a few.
Hendrith Vanlon Smith Jr.
The idea of the freedom of the human will has found enthusiastic supporters and stubborn opponents in plenty. There are those who, in their moral fervor, label anyone a man of limited intelligence who can deny so patent a fact as freedom. Opposed to them are others who regard it as the acme of unscientific thinking for anyone to believe that the uniformity of natural law is broken in the sphere of human action and thinking. One and the same thing is thus proclaimed, now as the most precious possession of humanity, now as its most fatal illusion.
Rudolf Steiner (The Essential Rudolf Steiner)
In a small company, the CTO, R&D, the COO, and even the CEO or cofounders or owners can be responsible for reviewing documentation. Don’t rely on your memory; write it down. Ideas become reality when we speak them and write them. So document them in an idea journal (digital or traditional) without judgment at the time. Inventors (and especially software developers) tend to edit or judge ideas and conclude they are not patentable because they were simple—even though they solve important problems and do not exist elsewhere.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
If someone contacts you and asserts that you’re infringing on their patent, you’ll need a lawyer to shield you from the accusation that you are willfully infringing. Never, ever respond yourself. At the same time, you’re not left with whatever your lawyer tells you to do. If you have patents of your own (which you should), disputes don’t have to come to litigation, damages, and bankruptcy. In my experience, the best way to settle IP infringement suits out of the courtroom is through cross-licensing—an agreement between all parties to give each other a license to use their patents.
JiNan George (The IP Miracle: How to Transform Ideas into Assets that Multiply Your Business)
Confidentiality is a delicate bargain of trust.
Martin Uzochukwu Ugwu
A patent is simply and purely a grant of monopoly. Why would a supposedly enlightened government, which has laws against monopolies in other forms, grant them? The original idea was the opposite: you wanted the inventor to publish a description of the invention instead of keeping it secret. To induce him to, you offered, legally, some of the protection that he would have gotten by keeping the secret, enough to get a good head start on the competition. It's not a bad idea, if it were done right...
J. Storrs Hall (Nanofuture: What's Next For Nanotechnology)
If we think that innovation comes from a lone genius inventing a new technology from scratch, that model naturally steers us toward certain policy decisions, like stronger patent protection. But if we think that innovation comes out of collaborative networks, then we want to support different policies and organizational forms: less rigid patent laws, open standards, employee participation in stock plans, cross-disciplinary connections.
Steven Johnson (How We Got to Now: Six Innovations that Made the Modern World)
Einstein, twenty-six years old, only three years away from crude privation, still a patent examiner, published in the Annalen der Physik in 1905 five papers on entirely different subjects. Three of them were among the greatest in the history of physics. One, very simple, gave the quantum explanation of the photoelectric effect—it was this work for which, sixteen years later, he was awarded the Nobel prize. Another dealt with the phenomenon of Brownian motion, the apparently erratic movement of tiny particles suspended in a liquid: Einstein showed that these movements satisfied a clear statistical law. This was like a conjuring trick, easy when explained: before it, decent scientists could still doubt the concrete existence of atoms and molecules: this paper was as near to a direct proof of their concreteness as a theoretician could give. The third paper was the special theory of relativity, which quietly amalgamated space, time, and matter into one fundamental unity. This last paper contains no references and quotes to authority. All of them are written in a style unlike any other theoretical physicist's. They contain very little mathematics. There is a good deal of verbal commentary. The conclusions, the bizarre conclusions, emerge as though with the greatest of ease: the reasoning is unbreakable. It looks as though he had reached the conclusions by pure thought, unaided, without listening to the opinions of others. To a surprisingly large extent, that is precisely what he had done.
C.P. Snow (Variety of Men)
Almost as an article of faith, some individuals believe that conspiracies are either kooky fantasies or unimportant aberrations. To be sure, wacko conspiracy theories do exist. There are people who believe that the United States has been invaded by a secret United Nations army equipped with black helicopters, or that the country is secretly controlled by Jews or gays or feminists or black nationalists or communists or extraterrestrial aliens. But it does not logically follow that all conspiracies are imaginary. Conspiracy is a legitimate concept in law: the collusion of two or more people pursuing illegal means to effect some illegal or immoral end. People go to jail for committing conspiratorial acts. Conspiracies are a matter of public record, and some are of real political significance. The Watergate break-in was a conspiracy, as was the Watergate cover-up, which led to Nixon’s downfall. Iran-contra was a conspiracy of immense scope, much of it still uncovered. The savings and loan scandal was described by the Justice Department as “a thousand conspiracies of fraud, theft, and bribery,” the greatest financial crime in history. Often the term “conspiracy” is applied dismissively whenever one suggests that people who occupy positions of political and economic power are consciously dedicated to advancing their elite interests. Even when they openly profess their designs, there are those who deny that intent is involved. In 1994, the officers of the Federal Reserve announced they would pursue monetary policies designed to maintain a high level of unemployment in order to safeguard against “overheating” the economy. Like any creditor class, they preferred a deflationary course. When an acquaintance of mine mentioned this to friends, he was greeted skeptically, “Do you think the Fed bankers are deliberately trying to keep people unemployed?” In fact, not only did he think it, it was announced on the financial pages of the press. Still, his friends assumed he was imagining a conspiracy because he ascribed self-interested collusion to powerful people. At a World Affairs Council meeting in San Francisco, I remarked to a participant that U.S. leaders were pushing hard for the reinstatement of capitalism in the former communist countries. He said, “Do you really think they carry it to that level of conscious intent?” I pointed out it was not a conjecture on my part. They have repeatedly announced their commitment to seeing that “free-market reforms” are introduced in Eastern Europe. Their economic aid is channeled almost exclusively into the private sector. The same policy holds for the monies intended for other countries. Thus, as of the end of 1995, “more than $4.5 million U.S. aid to Haiti has been put on hold because the Aristide government has failed to make progress on a program to privatize state-owned companies” (New York Times 11/25/95). Those who suffer from conspiracy phobia are fond of saying: “Do you actually think there’s a group of people sitting around in a room plotting things?” For some reason that image is assumed to be so patently absurd as to invite only disclaimers. But where else would people of power get together – on park benches or carousels? Indeed, they meet in rooms: corporate boardrooms, Pentagon command rooms, at the Bohemian Grove, in the choice dining rooms at the best restaurants, resorts, hotels, and estates, in the many conference rooms at the White House, the NSA, the CIA, or wherever. And, yes, they consciously plot – though they call it “planning” and “strategizing” – and they do so in great secrecy, often resisting all efforts at public disclosure. No one confabulates and plans more than political and corporate elites and their hired specialists. To make the world safe for those who own it, politically active elements of the owning class have created a national security state that expends billions of dollars and enlists the efforts of vast numbers of people.
Michael Parenti (Dirty Truths)
Of course, there’s no clear line between who creates wealth and who shifts it. Lots of jobs do both. There’s no denying that the financial sector can contribute to our wealth and grease the wheels of other sectors in the process. Banks can help to spread risks and back people with bright ideas. And yet, these days, banks have become so big that much of what they do is merely shuffle wealth around, or even destroy it. Instead of growing the pie, the explosive expansion of the banking sector has increased the share it serves itself.4 Or take the legal profession. It goes without saying that the rule of law is necessary for a country to prosper. But now that the U.S. has seventeen times the number of lawyers per capita as Japan, does that make American rule of law seventeen times as effective?5 Or Americans seventeen times as protected? Far from it. Some law firms even make a practice of buying up patents for products they have no intention of producing, purely to enable them to sue people for patent infringement. Bizarrely, it’s precisely the jobs that shift money around – creating next to nothing of tangible value – that net the best salaries. It’s a fascinating, paradoxical state of affairs. How is it possible that all those agents of prosperity – the teachers, the police officers, the nurses – are paid so poorly, while the unimportant, superfluous, and even destructive shifters do so well?
Rutger Bregman (Utopia for Realists: And How We Can Get There)
Companies holding broad patents and trial lawyers specializing in class actions must have seen easy money when they looked at Paypal, and without laws to discourage frivolous lawsuits there was nothing to deter them.
Eric M. Jackson (The PayPal Wars: Battles with eBay, the Media, the Mafia, and the Rest of Planet Earth)
While still practising law, he'd run a hearse-rental agency. Then, later, he'd bought into a handkerchief factory in Baker Park. Their most famous innovation was the funeral hankerchief, a plain white cotton handkerchief with a black border. Not long afterwards he patented the first black-edged tissue. He'd made millions, apparently, though nobody knew what he'd done with the money. His only extravagance had been to install an elevator in the house, so he could move between floors without getting out of his wheelchair. 'So what did he mean about hearing money?' Jed asked. 'It's his factory across the river. He claims he can hear the money being made.
Rupert Thomson (The Five Gates of Hell)
Patent lawyers had only lately ascended to the aristocracy of the American bar. Trained not just as lawyers but as scientists or engineers, and working in small, specialized firms, they were at one time rudely dismissed by corporate lawyers as gearheads in green eyeshades, not good enough at science to be scientists, nor sufficiently talented at law to be real lawyers. Then came the intellectual property revolution of the 1990s, and these onetime outcasts found themselves ruling the last vibrant corner of the American economy.
Paul Goldstein
When capital has bumped up against limits to profit-growth in the past, it has found fixes in things like colonisation, structural adjustment programmes, wars, restrictive patent laws, nefarious debt instruments, land grabs, privatisation, and enclosing commons like water and seeds. Why would it be any different this time? Indeed, a study by the ecological economist Beth Stratford finds that when capital faces resource constraints, this is exactly what happens: it turns to aggressive rent-seeking behaviour. It seeks to grab existing value wherever it can, with clever mechanisms to suck income and wealth from the public domain into private hands, and from the poor to the rich, exacerbating inequality.
Jason Hickel (Less Is More: How Degrowth Will Save the World)
Patents and other property laws, protecting ownership rights of inventors, reward innovation in the modern West, while the lack of such protection discourages it in modern China.
Jared Diamond (Guns, Germs, and Steel: The Fates of Human Societies (20th Anniversary Edition))
(2) Patents and other property laws, protecting ownership rights of inventors, reward innovation in the modern West, while the lack of such protection discourages it in modern China.
Jared Diamond (Guns, Germs, and Steel: The Fates of Human Societies (20th Anniversary Edition))
But patents are not market devices. They are the opposite. They are a government-sanctioned monopoly permitting exclusive sales of a product for a limited period of time, protected by courts of law.
Linsey McGoey (No Such Thing as a Free Gift: The Gates Foundation and the Price of Philanthropy)
Danny Boy, you are not going to patent the gadget. What would it get you? Seventeen years at the most…and no years at all in three-fourths of the world. If you did patent, or try to, Edison, and P.G. and E…and Standard would tie you up with injunctions and law suits and claimed infringements and I don’t know what all. But you said yourself that you could put one of your gadgets in a room with the best research team G.A. has to offer and the best they could do would be to melt it down and the worse would be that they would blow themselves up. You said that. Did you mean it?” “Certainly. If they don’t know how I insert the—” “Hush! I don’t want to know. And walls have ears. We don’t make any fancy announcements; we simply start manufacturing. Wherever power is cheapest today. Where is that?
Robert A. Heinlein (Friday)
Under Coolidge, the federal debt fell. Under Coolidge, the top income tax rate came down by half, to 25 percent. Under Coolidge, the federal budget was always in surplus. Under Coolidge, unemployment was 5 percent or even 3 percent. Under Coolidge, Americans wired their homes for electricity and bought their first cars or household appliances on credit. Under Coolidge, the economy grew strongly, even as the federal government shrank. Under Coolidge, the rates of patent applications and patents granted increased dramatically. Under Coolidge, there came no federal antilynching law, but lynchings themselves became less frequent and Ku Klux Klan membership dropped by millions. Under Coolidge, a man from a town without a railroad station, Americans moved from the road into the air. Under Coolidge, religious faith found its modern context: the first great White House Christmas tree was lit, an ingenious use for the new technology, electricity. Under Coolidge, the number of local telephone calls went up by a quarter. In Silent Cal’s time, Americans learned to chatter. Under Coolidge, wages rose and interest rates came down so that the poor might borrow more easily. Under Coolidge, the rich came to pay a greater share of the income tax.
Amity Shlaes (Coolidge)
It was astonishing how loudly one laughed at tales of gruesome things, of war’s brutality-I with the rest of them. I think at the bottom of it was a sense of the ironical contrast between the normal ways of civilian life and this hark-back to the caveman code. It made all our old philosophy of life monstrously ridiculous. It played the “hat trick” with the gentility of modern manners. Men who had been brought up to Christian virtues, who had prattled their little prayers at mothers’ knees, who had grown up to a love of poetry, painting, music, the gentle arts, over-sensitized to the subtleties of half-tones, delicate scales of emotion, fastidious in their choice of words, in their sense of beauty, found themselves compelled to live and act like ape-men; and it was abominably funny. They laughed at the most frightful episodes, which revealed this contrast between civilized ethics and the old beast law. The more revolting it was the more, sometimes, they shouted with laughter, especially in reminiscence, when the tale was told in the gilded salon of a French chateau, or at a mess-table. It was, I think, the laughter of mortals at the trick which had been played on them by an ironical fate. They had been taught to believe that the whole object of life was to reach out to beauty and love, and that mankind, in its progress to perfection, had killed the beast instinct, cruelty, blood-lust, the primitive, savage law of survival by tooth and claw and club and ax. All poetry, all art, all religion had preached this gospel and this promise. Now that ideal had broken like a china vase dashed to hard ground. The contrast between That and This was devastating. It was, in an enormous world-shaking way, like a highly dignified man in a silk hat, morning coat, creased trousers, spats, and patent boots suddenly slipping on a piece of orange-peel and sitting, all of a heap, with silk hat flying, in a filthy gutter. The war-time humor of the soul roared with mirth at the sight of all that dignity and elegance despoiled. So we laughed merrily, I remember, when a military chaplain (Eton, Christ Church, and Christian service) described how an English sergeant stood round the traverse of a German trench, in a night raid, and as the Germans came his way, thinking to escape, he cleft one skull after another with a steel-studded bludgeon a weapon which he had made with loving craftsmanship on the model of Blunderbore’s club in the pictures of a fairy-tale. So we laughed at the adventures of a young barrister (a brilliant fellow in the Oxford “Union”) whose pleasure it was to creep out o’ nights into No Man’s Land and lie doggo in a shell-hole close to the enemy’s barbed wire, until presently, after an hour’s waiting or two, a German soldier would crawl out to fetch in a corpse. The English barrister lay with his rifle ready. Where there had been one corpse there were two. Each night he made a notch on his rifle three notches one night to check the number of his victims. Then he came back to breakfast in his dugout with a hearty appetite.
Phillip Gibbs
Throughout the 1980s, the ideological climate shifted from one in which science was valued for its own sake or for the public interest to one in which science was valued for the profits it could generate in the private interest. Major changes in tax and patent laws were enacted, federal funding of research declined sharply, and tax benefits created a steep rise in funding from industry. The pharmaceutical industry was deregulated, and within a decade it had become one of the most profitable businesses in the United States.11
Carol Tavris (Mistakes Were Made (But Not by Me): Why We Justify Foolish Beliefs, Bad Decisions, and Hurtful Acts)
The whole tradition of [oral] story telling is endangered by modern technology. Although telling stories is a very fundamental human attribute, to the extent that psychiatry now often treats 'narrative loss' -- the inability to construct a story of one's own life -- as a loss of identity or 'personhood,' it is not natural but an art form -- you have to learn to tell stories. The well-meaning mother is constantly frustrated by the inability of her child to answer questions like 'What did you do today?' (to which the answer is usually a muttered 'nothing' -- but the 'nothing' is cover for 'I don't know how to tell a good story about it, how to impose a story shape on the events'). To tell stories, you have to hear stories and you have to have an audience to hear the stories you tell. Oral story telling is economically unproductive -- there is no marketable product; it is out with the laws of patents and copyright; it cannot easily be commodified; it is a skill without monetary value. And above all, it is an activity requiring leisure -- the oral tradition stands squarely against a modern work ethic....Traditional fairy stories, like all oral traditions, need the sort of time that isn't money. "The deep connect between the forests and the core stories has been lost; fairy stories and forests have been moved into different categories and, isolated, both are at risk of disappearing, misunderstood and culturally undervalued, 'useless' in the sense of 'financially unprofitable.
Sara Maitland (Gossip from the Forest: A Search for the Hidden Roots of Our Fairytales)
the planned destruction of Iraq’s agriculture is not widely known. Modern Iraq is part of the ‘fertile crescent’ of Mesopotamia where man first domesticated wheat between 8,000 and 13,000 years ago, and home to several thousand varieties of local wheat. As soon as the US took over Iraq, it became clear its interests were not limited to oil. In 2004, Paul Bremer, the then military head of the Provisional Authority imposed as many as a hundred laws which made short work of Iraq’s sovereignty. The most crippling for the people and the economy of Iraq was Order 81 which deals, among other things, with plant varieties and patents. The goal was brutally clear-cut and sweeping — to wipe out Iraq’s traditional, sustainable agriculture and replace it with oil-chemical-genetically-modified-seed-based industrial agriculture. There was no public or parliamentary debate for the conquered people who never sought war. The conquerors made unilateral changes in Iraq’s 1970 patent law: henceforth, plant forms could be patented — which was never allowed before — while genetically-modified organisms were to be introduced. Farmers were strictly banned from saving their own seeds: this, in a country where, according to the Food and Agriculture Organisation, 97 per cent of Iraqi farmers planted only their own saved seeds. With a single stroke of the pen, Iraq’s agriculture was axed, while Order 81 facilitated the introduction and domination of imported, high-priced corporate seeds, mainly from the US — which neither reproduce, nor give yields without their prescribed chemical fertiliser and pesticide inputs. It meant that the majority of farmers who had never spent money on seed and inputs that came free from nature, would henceforth have to heavily invest in corporate inputs and equipment — or go into debt to obtain them, or accept lowered profits, or give up farming altogether.
Forgetting herself entirely, Pandora let her head loll back against Gabriel's shoulder. "What kind of glue does Ivo use?" she asked languidly. "Glue?" he echoed after a moment, his mouth close to her temple, grazing softly. "For his kites." "Ah." He paused while a wave retreated. "Joiner's glue, I believe." "That's not strong enough," Pandora said, relaxed and pensive. "He should use chrome glue." "Where would he find that?" One of his hands caressed her side gently. "A druggist can make it. One part acid chromate of lime to five parts gelatin." Amusement filtered through his voice. "Does your mind ever slow down, sweetheart?" "Not even for sleeping," she said. Gabriel steadied her against another wave. "How do you know so much about glue?" The agreeable trance began to fade as Pandora considered how to answer him. After her long hesitation, Gabriel tilted his head and gave her a questioning sideways glance. "The subject of glue is complicated, I gather." I'm going to have to tell him at some point, Pandora thought. It might as well be now. After taking a deep breath, she blurted out, "I design and construct board games. I've researched every possible kind of glue required for manufacturing them. Not just for the construction of the boxes, but the best kind to adhere lithographs to the boards and lids. I've registered a patent for the first game, and soon I intend to apply for two more." Gabriel absorbed the information in remarkably short order. "Have you considered selling the patents to a publisher?" "No, I want to make the games at my own factory. I have a production schedule. The first one will be out by Christmas. My brother-in-law, Mr. Winterborne, helped me to write a business plan. The market in board games is quite new, and he thinks my company will be successful." "I'm sure it will be. But a young woman in your position has no need of a livelihood." "I do if I want to be self-supporting." "Surely the safety of marriage is preferable to the burdens of being a business proprietor." Pandora turned to face him fully. "Not if 'safety' means being owned. As things stand now, I have the freedom to work and keep my earnings. But if I marry you, everything I have, including my company, would immediately become yours. You would have complete authority over me. Every shilling I made would go directly to you- it wouldn't even pass through my hands. I'd never be able to sign a contract, or hire employees, or buy property. In the eyes of the law, a husband and wife are one person, and that person is the husband. I can't bear the thought of it. It's why I never want to marry.
Lisa Kleypas (Devil in Spring (The Ravenels, #3))
The people’s right to know”—the people’s right to know what? Daniel Shipstone, having first armed himself with great knowledge of higher mathematics and physics, went down into his basement and patiently suffered seven lean and weary years and thereby learned an applied aspect of natural law that let him construct a Shipstone. Any and all of “the people” are free to do as he did—he did not even take out a patent. Natural laws are freely available to everyone equally, including flea-bitten Neanderthals crouching against the cold. In this case, the trouble with “the people’s right to know” is that it strongly resembles the “right” of someone to be a concert pianist—but who does not
Robert A. Heinlein (Friday)
The importance of experimental proof, on the other hand, does not mean that without new experimental data we cannot make advances. It is often said that science takes steps forward only when there is new experimental data. If this were true, we would have little hope of finding the theory of quantum gravity before measuring something new, but this is patently not the case. Which new data were available to Copernicus? None. He had the same data as Ptolemy. Which new data did Newton have? Almost none. His real ingredients were Kepler's laws and Galileo's results. What new data did Einstein have to discover general relativity? None. His ingredients were special relativity and Newton's theory. It simply isn't true that physics only advances when it is afforded new data.
Carlo Rovelli (La realtà non è come ci appare: La struttura elementare delle cose)
Two centuries ago, the United States settled into a permanent political order, after fourteen years of violence and heated debate. Two centuries ago, France fell into ruinous disorder that ran its course for twenty-four years. In both countries there resounded much ardent talk of rights--rights natural, rights prescriptive. . . . [F]anatic ideology had begun to rage within France, so that not one of the liberties guaranteed by the Declaration of the Rights of Man could be enjoyed by France's citizens. One thinks of the words of Dostoievski: "To begin with unlimited liberty is to end with unlimited despotism." . . . In striking contrast, the twenty-two senators and fifty-nine representatives who during the summer of 1789 debated the proposed seventeen amendments to the Constitution were men of much experience in representative government, experience acquired within the governments of their several states or, before 1776, in colonial assembles and in the practice of the law. Many had served in the army during the Revolution. They decidedly were political realists, aware of how difficult it is to govern men's passions and self-interest. . . . Among most of them, the term democracy was suspect. The War of Independence had sufficed them by way of revolution. . . . The purpose of law, they knew, is to keep the peace. To that end, compromises must be made among interests and among states. Both Federalists and Anti-Federalists ranked historical experience higher than novel theory. They suffered from no itch to alter American society radically; they went for sound security. The amendments constituting what is called the Bill of Rights were not innovations, but rather restatements of principles at law long observed in Britain and in the thirteen colonies. . . . The Americans who approved the first ten amendments to their Constitution were no ideologues. Neither Voltaire nor Rousseau had any substantial following among them. Their political ideas, with few exceptions, were those of English Whigs. The typical textbook in American history used to inform us that Americans of the colonial years and the Revolutionary and Constitutional eras were ardent disciples of John Locke. This notion was the work of Charles A. Beard and Vernon L. Parrington, chiefly. It fitted well enough their liberal convictions, but . . . it has the disadvantage of being erroneous. . . . They had no set of philosophes inflicted upon them. Their morals they took, most of them, from the King James Bible and the Book of Common Prayer. Their Bill of Rights made no reference whatever to political abstractions; the Constitution itself is perfectly innocent of speculative or theoretical political arguments, so far as its text is concerned. John Dickinson, James Madison, James Wilson, Alexander Hamilton, George Mason, and other thoughtful delegates to the Convention in 1787 knew something of political theory, but they did not put political abstractions into the text of the Constitution. . . . Probably most members of the First Congress, being Christian communicants of one persuasion or another, would have been dubious about the doctrine that every man should freely indulge himself in whatever is not specifically prohibited by positive law and that the state should restrain only those actions patently "hurtful to society." Nor did Congress then find it necessary or desirable to justify civil liberties by an appeal to a rather vague concept of natural law . . . . Two centuries later, the provisions of the Bill of Rights endure--if sometimes strangely interpreted. Americans have known liberty under law, ordered liberty, for more than two centuries, while states that have embraced the Declaration of the Rights of Man and of the Citizen, with its pompous abstractions, have paid the penalty in blood.
Russell Kirk (Rights and Duties: Reflections on Our Conservative Constitution)
It wasn’t until I got to the law firm that things started hitting me. First, the people around me seemed pretty unhappy. You can go to any corporate law firm and see dozens of people whose satisfaction with their jobs is below average. The work was entirely uninspiring. We were for the most part grease on a wheel, helping shepherd transactions along; it was detail-intensive and often quite dull. Only years later did I realize what our economic purpose was: if a transaction was large enough, you had to pay a team of people to pore over documents into the wee hours to make sure nothing went wrong. I had zero attachment to my clients—not unusual, given that I was the last rung down on the ladder, and most of the time I only had a faint idea of who my clients were. Someone above me at the firm would give me a task, and I’d do it. I also kind of thought that being a corporate lawyer would help me with the ladies. Not so much, just so you know. It was true that I was getting paid a lot for a twenty-four-year-old with almost no experience. I made more than my father, who has a PhD in physics and had generated dozens of patents for IBM over the years. It seemed kind of ridiculous to me; what the heck had I done to deserve that kind of money? As you can tell, not a whole lot. That didn’t keep my colleagues from pitching a fit if the lawyers across the street were making one dollar more than we were. Most worrisome of all, my brain started to rewire itself after only the first few months. I was adapting. I started spotting issues in offering memoranda. My ten-thousand-yard unblinking document review stare got better and better. Holy cow, I thought—if I don’t leave soon, I’m going to become good at this and wind up doing it for a long time. My experience is a tiny data point in a much bigger problem.
Andrew Yang (Smart People Should Build Things: How to Restore Our Culture of Achievement, Build a Path for Entrepreneurs, and Create New Jobs in America)
Everything that NASA does—from the start by law—was to be open and unclassified and it has been. This is one of the things that I have cited—and that Arthur Clarke has cited—as being a payoff on the space program right now. Expensively as they've done it, nevertheless all that bread cast on the waters has already come back severalfold in the way of unclassified new technology that doesn't even have patents on it. You can get these things and you can use them all you please. I know that a lot of people are not aware of this but anyone in engineering that has any engineering interest is likely to be aware of it if he has taken the trouble to have himself placed on the mailing list.
J. Neil Schulman (The Robert Heinlein Interview And Other Heinleiniana)
First there was Caine’s patently false “confession.” Then there was the fact that the FAYZ Legal Defense Fund racked up three million dollars in its first two weeks. Then there was a judicial panel that took statements from eminent scientists and concluded that the FAYZ was in fact a separate universe and thus not covered under California law. Finally, there was a shift in public opinion following the involvement of the two popular movie stars, the McDonald’s documentary starring Albert Hillsborough, the likelihood of a major Hollywood feature film, and the kiss seen round the world. Polls now showed 68 percent of Californians wanted no criminal charges brought against the FAYZ survivors. The kiss alone would have wrecked the career of any prosecutor or politician who had anything bad to say about Astrid Ellison or Sam Temple.
Michael Grant (Light (Gone, #6))
Revitalized and healthy, I started dreaming new dreams. I saw ways that I could make a significant contribution by sharing what I’ve learned. I decided to refocus my legal practice on counseling and helping start-up companies avoid liability and protect their intellectual property. To share some of what I know, I started a blog, IP Law for Startups, where I teach basic lessons on trade secrets, trademarks, copyrights, and patents and give tips for avoiding the biggest blunders that destroy the value of intellectual assets. Few start-up companies, especially women-owned companies that rarely get venture capital funding, can afford the expensive hourly rates of a large law firm to the get the critical information they need. I feel deeply rewarded when I help a company create a strategy that protects the value of their company and supports their business dreams. Further, I had a dream to help young women see their career possibilities. In partnership with my sister, Julie Simmons, I created, a website where women share their insights, career paths, and ways they have integrated motherhood with their professional pursuits. When my sister and I were growing up on a farm, we had a hard time seeing that women could have rewarding careers. With Lookilulu® we want to help young women see what we couldn’t see: that dreams are not linear—they take many twists and unexpected turns. As I’ve learned the hard way, dreams change and shift as life happens. I’ve learned the value of continuing to dream new dreams after other dreams are derailed. I’m sure I’ll have many more dreams in my future. I’ve learned to be open to new and unexpected opportunities. By way of postscript, Jill writes, “I didn’t grow up planning to be lawyer. As a girl growing up in a small rural town, I was afraid to dream. I loved science, but rather than pursuing medical school, I opted for low-paying laboratory jobs, planning to quit when I had children. But then I couldn’t have children. As I awakened to the possibility that dreaming was an inalienable right, even for me, I started law school when I was thirty; intellectual property combines my love of law and science.” As a young girl, Jill’s rightsizing involved mustering the courage to expand her dreams, to dream outside of her box. Once she had children, she again transformed her dreams. In many ways her dreams are bigger and aim to help more people than before the twists and turns in her life’s path.
Whitney Johnson (Dare, Dream, Do: Remarkable Things Happen When You Dare to Dream)
If there are costs to becoming legal, there are also bound to be costs to remaining outside the law. We found that operating outside the world of legal work and business was surprisingly expensive. In Peru, for example, the cost of operating a business extralegally includes paying 10 to 15 per cent of its annual income in bribes and commissions to authorities. Add to such payoffs the costs of avoiding penalties, making transfers outside legal channels and operating from dispersed locations and without credit, and the life of the extralegal entrepreneur turns out to be far more costly and full of daily hassles than that of the legal businessman. Perhaps the most significant cost was caused by the absence of institutions that create incentives for people to seize economic and social opportunities to specialize within the market place. We found that people who could not operate within the law also could not hold property efficiently or enforce contracts through the courts; nor could they reduce uncertainty through limited liability systems and insurance policies, or create stock companies to attract additional capital and share risk. Being unable to raise money for investment, they could not achieve economies of scale or protect their innovations through royalties and patents.
Hernando de Soto (The Mystery Of Capital)
The theological meaning of events in history is always filled with ambiguity, whether their significance is supported by centuries of tradition or is fresh in the minds of contemporaries. John, however, saw no such ambiguity. To him the meaning of the destruction of the temple was patent, demonstrable, indubitable. Yet his interpretation ignored one signifiant fact - the continuing existence of Jewish communities that, by their very way of life, demonstrated that their loss of the temple and the city of Jerusalem had not severed the covenant with the God of Abraham, Isaac, and Jacob. And within his own congregation there were Christians who lived as though the Law of Moses were still in force. Though these Judaizers were a minority, they were living testimony that the Jewish way of life had not lost its legitimacy. For reasons discussed in this book, John could take seriously neither the way of life of the Jews nor the claims of the Judaizers among the Christians. He saw no way to acknowledge the ongoing reality of Israel without calling into question the truth of the Christian faith. That John's view won out is significant for the later history of Christianity for it has shaped all Christian thought about Judaism since his time; but that is no reason why it should be our own view.
Robert L. Wilken (John Chrysostom and the Jews: Rhetoric & Reality in the Late 4th Century)
Everywhere you look with this young lady, there’s a purity of motivation,” Shultz told him. “I mean she really is trying to make the world better, and this is her way of doing it.” Mattis went out of his way to praise her integrity. “She has probably one of the most mature and well-honed sense of ethics—personal ethics, managerial ethics, business ethics, medical ethics that I’ve ever heard articulated,” the retired general gushed. Parloff didn’t end up using those quotes in his article, but the ringing endorsements he heard in interview after interview from the luminaries on Theranos’s board gave him confidence that Elizabeth was the real deal. He also liked to think of himself as a pretty good judge of character. After all, he’d dealt with his share of dishonest people over the years, having worked in a prison during law school and later writing at length about such fraudsters as the carpet-cleaning entrepreneur Barry Minkow and the lawyer Marc Dreier, both of whom went to prison for masterminding Ponzi schemes. Sure, Elizabeth had a secretive streak when it came to discussing certain specifics about her company, but he found her for the most part to be genuine and sincere. Since his angle was no longer the patent case, he didn’t bother to reach out to the Fuiszes. — WHEN PARLOFF’S COVER STORY was published in the June 12, 2014, issue of Fortune, it vaulted Elizabeth to instant stardom. Her Journal interview had gotten some notice and there had also been a piece in Wired, but there was nothing like a magazine cover to grab people’s attention. Especially when that cover featured an attractive young woman wearing a black turtleneck, dark mascara around her piercing blue eyes, and bright red lipstick next to the catchy headline “THIS CEO IS OUT FOR BLOOD.” The story disclosed Theranos’s valuation for the first time as well as the fact that Elizabeth owned more than half of the company. There was also the now-familiar comparison to Steve Jobs and Bill Gates. This time it came not from George Shultz but from her old Stanford professor Channing Robertson. (Had Parloff read Robertson’s testimony in the Fuisz trial, he would have learned that Theranos was paying him $500,000 a year, ostensibly as a consultant.) Parloff also included a passage about Elizabeth’s phobia of needles—a detail that would be repeated over and over in the ensuing flurry of coverage his story unleashed and become central to her myth. When the editors at Forbes saw the Fortune article, they immediately assigned reporters to confirm the company’s valuation and the size of Elizabeth’s ownership stake and ran a story about her in their next issue. Under the headline “Bloody Amazing,” the article pronounced her “the youngest woman to become a self-made billionaire.” Two months later, she graced one of the covers of the magazine’s annual Forbes 400 issue on the richest people in America. More fawning stories followed in USA Today, Inc., Fast Company, and Glamour, along with segments on NPR, Fox Business, CNBC, CNN, and CBS News. With the explosion of media coverage came invitations to numerous conferences and a cascade of accolades. Elizabeth became the youngest person to win the Horatio Alger Award. Time magazine named her one of the one hundred most influential people in the world. President Obama appointed her a U.S. ambassador for global entrepreneurship, and Harvard Medical School invited her to join its prestigious board of fellows.
John Carreyrou (Bad Blood: Secrets and Lies in a Silicon Valley Startup)
Your physicians question, they do not examine. Your surgeons take little heed of standards of cleanliness that date back to the guidance of Paracelsus. Your apothecaries care more for patent remedies than the proper uses of herbs. You thwart anatomical studies with medieval church laws, and thus your science does not progress.
Grace Burrowes (Lady Violet Enjoys a Frolic (The Lady Violet Mysteries, #4))
DIVORCE ABROAD When a couple can be divorced in more than one country serious legal problems can develop. British nationals who live abroad can decide whether to be divorced at home or abroad. What matters is where it makes most sense for them to be divorced, and they should work out which jurisdiction is equally fair to both parties. One of the factors that will determine where the divorce takes place is who puts a petition in first. This will carry some weight when everything else is finely balanced. So if there is jurisdiction in Britain and another country and you would be better off in Britain, start proceedings quickly. But if the English courts would favour the husband more than the wife, a judge would be likely to tell them to use the jurisdiction that would be fairest to both. It creates a bad impression on a judge if you, as petitioner, have deliberately opted for the jurisdiction most favourable to you. One English woman, who had lived in France and was married to a Frenchman, decided to file her petition in the UK. Her husband was able to have the proceedings stopped completely, however, because the judge believed that justice would be served better in France. An American couple who were married in Italy but had lived in the UK for six years and wanted to divorce could have their case heard in any of the three countries. They could go to the States because they were still domiciled there (in the sense that that was where they came from and where they were both likely to die), but they could also use the English or Italian courts because in the first instance this would their country of residence and in the second this would be where their assets were. However, even if they had lived in Britain for a few years, if most of their assets were still in Italy it would be more sensible for the divorce to take place there. Under Moslem law a man divorces his wife simply by saying ‘I divorce you’ three times, and his liability to his wife is only five gold coins. That is patently unfair for a British woman or, say, an Iranian or an Iraqi living in Britain. While the British courts accept the divorce, it does not preclude the woman from gaining some settlement from her husband’s assets in Britain, provided, of course, he has not taken everything he owns out of the country. British courts can make orders for financial provision when a divorce or separation has taken place abroad, provided permission has been granted by a High Court judge. The judge will only give the go-ahead if he or she considers that the circumstances warrant it – if, for example, the person making the application now lives in Britain. When a divorce takes place abroad, provided that it was recognized the country which granted it, it will always be recognized in the UK. This is not always the case in reverse: if a couple were married in a Catholic country (which does not recognize divorce) and they came to live in the UK and subsequently divorce there, UK legislation would only cover them, their dependants and assets in the UK. We pointed out in Chapter 8 that when assets are held abroad, UK courts have only limited powers to make a husband transfer a share if his assets to his wife, or vice versa, particularly when the money is tied up in the Middle or Far East.
Fiona Shackleton (The Divorce Handbook)
Subject matter exclusions may seem arbitrary, but each of them has a story behind their inclusion.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Novelty in patent law is mathematical, but only to a discerning mind.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Assessing Inventive Step to determine patentability is subjective, but it has to be viewed objectively.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Requirement of written description in a patent specification should not be read as full description of every aspect of the invention.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Courts must not grant Exparte Orders in a hurry under the assumption that all IP owners are genuine.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Startups must clear IP risks before launching products as one bad order can kill their business.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Using my music may seem fair to you, but note that music composers have never been dealt a fair card.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
I have never understood why many Indian patent examiners treat attorneys as either rivals or inferiors.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
One must remember that digital content is not equal to accessible content.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
When will you stop adding matter to patentable subject matter?
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
We are within a whisper of arriving at the first law. Suppose we have a closed system and use it to do some work or allow a release of energy as heat. Its internal energy falls. We then leave the system isolated from its surroundings for as long as we like, and later return to it. We invariably find that its capacity to do work—its internal energy—has not been restored to its original value. In other words, the internal energy of an isolated system is constant. That is the first law of thermodynamics, or at least one statement of it, for the law comes in many equivalent forms. Another universal law of nature, this time of human nature, is that the prospect of wealth motivates deceit. Wealth—and untold benefits to humanity—would accrue to an untold extent if the first law were found to be false under certain conditions. It would be found to be false if work could be generated by an adiabatic, closed system without a diminution of its internal energy. In other words, if we could achieve perpetual motion, work produced without consumption of fuel. Despite enormous efforts, perpetual motion has never been achieved. There have been claims galore, of course, but all of them have involved a degree of deception. Patent offices are now closed to the consideration of all such machines, for the first law is regarded as unbreakable and reports of its transgression not worth the time or effort to pursue. There are certain instances in science, and certainly in technology, where a closed mind is probably justified.
Peter Atkins (The Laws of Thermodynamics: A Very Short Introduction)
From the outset, hydroxychloroquine (HCQ) and other therapeutics posed an existential threat to Dr. Fauci and Bill Gates’ $48 billion COVID vaccine project, and particularly to their vanity drug remdesivir, in which Gates has a large stake.1 Under federal law, new vaccines and medicines cannot quality for Emergency Use Authorization (EUA) if any existing FDA-approved drug proves effective against the same malady: For FDA to issue an EUA (emergency use authorization), there must be no adequate, approved, and available alternative to the candidate product for diagnosing, preventing, or treating the disease or condition. . . .2 Thus, if any FDA-approved drug like hydroxychloroquine (or ivermectin) proved effective against COVID, pharmaceutical companies would no longer be legally allowed to fast-track their billion-dollar vaccines to market under Emergency Use Authorization. Instead, vaccines would have to endure the years-long delays that have always accompanied methodical safety and efficacy testing, and that would mean less profits, more uncertainty, longer runways to market, and a disappointing end to the lucrative COVID-19 vaccine gold rush. Dr. Fauci has invested $6 billion in taxpayer lucre in the Moderna vaccine alone.3 His agency is co-owner4 of the patent and stands to collect a fortune in royalties. At least four of Fauci’s hand-picked deputies are in line to collect royalties of $150,000/year based on Moderna’s success, and that’s on top of the salaries already paid by the American public.5,6
Robert F. Kennedy Jr. (The Real Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health)
He told them, that, when the patent was granted, the number of freemen was supposed to be (as in like corporations) so few, as they might well join in making laws; but now they were grown to so great a body, as it was not possible for them to make or execute laws, but they must choose others for that purpose: and that howsoever it would be necessary hereafter to have a select company to intend that work, yet for the present they were not furnished with a sufficient number of men qualified for such a business, neither could the commonwealth bear the loss of time of so many as must intend it. Yet this they might do at present, viz., they might, at the general court, make an order, that, once in the year, a certain number should be appointed (upon summons from the governor) to revise all laws, etc., and to reform what they found amiss therein; but not to make any new laws, but prefer their grievances to the court of assistants; and that no assessment should be laid upon the country without the consent of such a committee, nor any lands disposed of.[
John Winthrop (Winthrop's Journal, History of New England, 1630-1649: Volume 1)
Dr. Edland and his assistant, Dr. Abbott, got to work immediately. First, they had to hose down each body because of their “heavy contamination with pepper gas,” and then, before starting on any autopsy, the doctors made sure that the medical photographer, Ed Riley, took X-rays of the body.11 Meanwhile, the fact that state troopers kept milling around and trying to oversee everything was unnerving to the morgue personnel. From the moment Riley turned on the X-ray machine, and they could clearly see the many bullets and buckshot pellets lodged deep in the prisoners’ bodies, both Abbott and Edland understood why the troopers were so concerned. By 4:30 a.m. it was patently obvious that “the hostages had all been shot, and that there were no slashed throats or genital mutilations.”12 This, of course, was not at all what state officials had told the media and the doctors were aware of this. With more than forty troopers crowding the hallways, hovering over them and mumbling under their breath, the two pathologists continued to search dutifully for any signs of slashed throats as cause of death. But all that they could find were two knife cuts near hostage throats, and “the wounds [were]…on the back of the neck,” and “less than a tenth-of-an-inch deep.”13 As both doctors knew, if someone is going to try “to seriously harm or kill somebody with a knife wound to the throat, he’s going to do it from the front.”14 Perhaps even more alarming to the troopers than the fact that none of the men had died from knife wounds was that everyone was well aware that the only people at Attica who had guns on the 13th of September were members of law enforcement. Even
Heather Ann Thompson (Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy)
Biotechnology has made it technologically possible to build the monster; patent law is making it politically possible.
Neil Gerlach (Becoming Biosubjects: Bodies. Systems. Technology.)
Schawlow later recalled that he had been thinking of ways to make infrared masers, though he hadn’t gotten very far. But then Townes told Schawlow he had been thinking along the same lines.7 If they could produce infrared light, it was conceivable, too, that they might be able to build something that could produce even smaller waves than infrared—that is, light waves that existed in what is called the visible spectrum. The result of the collaboration between Townes and Schawlow was a paper, written in the summer of 1958, outlining the principles of the laser. The brothers-in-law received a patent, issued in 1960, for their invention.
Jon Gertner (The Idea Factory: Bell Labs and the Great Age of American Innovation)
The FDA has now made as “law” the following statement, “Only a drug can cure, prevent or treat a disease.” This is insane. Think about the ramifications. The FDA has now guaranteed and protected the profits of the drug companies! Only a patented drug, according to the FDA, can treat, prevent, or cure a disease. First off, we all know this is flat-out untrue. The disease scurvy, for example, which is simply a vitamin C deficiency, is treated, prevented, and cured by eating citrus fruit. According to the FDA’s law, however, if you were to hold up an orange and say “This orange is the cure for the disease of scurvy,” you would go to jail for selling a “drug” without a license.
Kevin Trudeau (Natural Cures "They" Don't Want You To Know About)
I am The Black Book. Between my top and my bottom, my right and my left, I hold what I have seen, what I have done, and what I have thought. I am everything I have hated: labor without harvest; death without honor; life without land or law. I am a black woman holding a white child in her arms singing to her own baby lying unattended in the grass. I am all the ways I have failed: I am the black slave owner, the buyer of Golden Peacock Bleach Crème and Dr. Palmer’s Skin Whitener, the self- hating player of the dozens; I am my own nigger joke. I am all the ways I survived: I am tun-mush, hoecake cooked on a hoe; I am Fourteen black jockeys winning the Kentucky Derby. I am the creator of hundreds of patented inventions; I am Lafitte the pirate and Marie Laveau. I am Bessie Smith winning a roller-skating contest; I am quilts and ironwork, fine carpentry and lace. I am the wars I fought, the gold I mined, The horses I broke, the trails I blazed. I am all the things I have seen: The New York Caucasian newspaper, the scarred back of Gordon the slave, the Draft Riots, darky tunes, and mer- chants distorting my face to sell thread, soap, shoe polish coconut. And I am all the things I have ever loved: scuppernong wine, cool baptisms in silent water, dream books and number playing. I am the sound of my own voice singing “Sangaree.” I am ring-shouts, and blues, ragtime and gospels. I am mojo, voodoo, and gold earrings. I am not complete here; there is much more, but there is no more time and no more space . . . and I have journeys to take, ships to name, and crews.
Middleton A. Harris (The Black Book)
Under federal law, new vaccines and medicines cannot quality for Emergency Use Authorization (EUA) if any existing FDA-approved drug proves effective against the same malady: For FDA to issue an EUA (emergency use authorization), there must be no adequate, approved, and available alternative to the candidate product for diagnosing, preventing, or treating the disease or condition. . . .2 Thus, if any FDA-approved drug like hydroxychloroquine (or ivermectin) proved effective against COVID, pharmaceutical companies would no longer be legally allowed to fast-track their billion-dollar vaccines to market under Emergency Use Authorization. Instead, vaccines would have to endure the years-long delays that have always accompanied methodical safety and efficacy testing, and that would mean less profits, more uncertainty, longer runways to market, and a disappointing end to the lucrative COVID-19 vaccine gold rush. Dr. Fauci has invested $6 billion in taxpayer lucre in the Moderna vaccine alone.3 His agency is co-owner4 of the patent and stands to collect a fortune in royalties. At least four of Fauci’s hand-picked deputies are in line to collect royalties of $150,000/year based on Moderna’s success, and that’s on top of the salaries already paid by the American public.5
Robert F. Kennedy Jr. (The Real Anthony Fauci: Bill Gates, Big Pharma, and the Global War on Democracy and Public Health)
Time’s arrow is irreversible, because entropy cannot decrease of its own accord without violating the second law of thermodynamics. A reversible arrow would be like a movie run backward. The scenes in the movie are not impossible by the laws of classical mechanics, but they are patently absurd.
Jeremy Campbell (GRAMMATICAL MAN: Information, Entropy,Language and Life)
The patent expressly guarantees the inventor “the right to exclude others from making, using, or selling” the idea for the twenty-year life of the patent. The patent holder can, if he chooses, issue licenses to others to make, use, or sell the idea. The license fees can bring in large sums of money. If anybody tries to market the patented product without obtaining a license, the inventor can go into federal court to get an injunction and money damages. Not a bad deal at all for the inventor. In exchange for those benefits, though, the patent holder has to reveal all the secrets of his success. The patent law says that an inventor must provide “a written description of the invention, and of the manner and process of making and using it, in . . . full, clear, concise and exact terms.” The inventor and his company might have expended a dozen years and a hundred million dollars perfecting the idea; once a patent is granted, anybody in the world can acquire the plans—full, clear, concise, and exact—from the Patent Office for $3. If, for example, John S. Pemberton had applied for a patent for the formula he whipped up in his backyard in Atlanta one day in the mid-1880s, the product that he invented—a soft drink that he named Coca-Cola—would have entered the public domain in 1903, when the patent expired. Anybody in the world would have been free from that day forward to brew and sell the drink without paying a penny to the Coca-Cola Company. But Pemberton kept his formula unpatented, and thus secret. Even without a patent, Coca-Cola has been able to defend its formula under a body of law known as trade secret protection, which makes it illegal to copy deliberately somebody else’s commercial idea.
T.R. Reid (The Chip: How Two Americans Invented the Microchip and Launched a Revolution)
From the inventor’s viewpoint, the flaw with the trade secret laws is that they apply only to purposeful stealing of an idea. They do not prevent anybody from marketing a product that he has invented on his own, even if an earlier inventor has been selling the same product for years. Lacking a patent, Coca-Cola would have no recourse against a company selling exactly the same drink if the second firm could prove in court that its chemists had been messing around with sugar, flavorings, and cola nuts and just happened to hit on the precise formula that Coca-Cola uses. The holder of a patent, in contrast, can go to court to stop any competitor from selling the same product, even if the competitor developed the product completely on his own. The strategic decision facing every inventor, then, is whether he wants twenty years of the stronger protection provided by a patent, or permanent protection under the trade secret laws against only those who deliberately steal the idea.
T.R. Reid (The Chip: How Two Americans Invented the Microchip and Launched a Revolution)
It’s our patented Three Laws of Robotics. They’re a fundamental part of every robot we manufacture, and we do not continue building or programming until it has become an integral part of them.
Mickey Zucker Reichert (To Protect (I, Robot: Reichert #1))
On the one hand, this comports well with the classic justification of patent law as providing a spur to invention. On the other hand, it indicates how patent law may also distort a market, potentially obscuring less expensive generic alternatives that have the same therapeutic value.
Jonathan Kahn (Race in a Bottle: The Story of BiDil and Racialized Medicine in a Post-Genomic Age)
Patent law is a very interesting form of property,” she says. “With all other forms of property, you have ownership rights; but along with them, you have responsibilities.” If you build a building that falls down or a car engine that blows up, you can be sued by both the buyers and government agencies. This is not true in the case of patent owners. “Patent law is a kind of ownership law in which there is no liability,” says Shiva. “There’s no responsibility. There are only rights to exclude others from the use of whatever is your patent.
David Suzuki (From Naked Ape to Superspecies: Humanity and the Global Eco-Crisis)
It was patently obvious, then, that thwarting the Yucca Mountain project by stubborn noncompliance was “simply flouting the law.” The court took pains to reiterate that “the President and federal agencies may not ignore statutory mandates or prohibitions merely because of policy disagreement with Congress.
Andrew McCarthy (Faithless Execution: Building the Political Case for Obama’s Impeachment)
Anything that restricts entry works in the interests of the suppliers and against the interests of the buyers; so, it is not at all surprising that businesses lobby government aggressively for assistance in retarding entry with patents, copyrights, zoning laws, occupational licensing, environmental regulations, etc
The Supreme Court is composed of two groups known as the Infallible Five and the Furious Four. The first group writes those majority decisions on patent law that have brought patent lawyers to their present condition. The second groups writes the dissenting opinions, trying to hold to the law as it was laid down by the first groups the week before. The composition of each group shifts from decision to decision, so that no one justice is right all the time. They sort of pass the infallibility around to keep peace in the family." -- The Improbable Profession
Leonard Lockhard
By 2012, long after the economic collapse, average consumers and small businesses were still hurting, but corporations large enough to finance fleets of Washington lobbyists were raking it in. Big agribusiness continues to claim hundreds of billions of dollars in price supports and ethanol subsidies, paid for by American consumers and taxpayers. Big Pharma gets extended patent protection that drives up everyone’s drug prices, plus the protection of a federal law making it a crime for consumers to buy the same drugs at lower prices from Canada. Big oil gets its own federal tax subsidy, paid for by taxpayers.
Robert B. Reich (Beyond Outrage: Expanded Edition: What has gone wrong with our economy and our democracy, and how to fix it)
Nature normally hates power laws. In ordinary systems all quantities follow bell curves, and correlations decay rapidly, obeying exponential laws. But all that changes if the system is forced to undergo a phase transition. Then power laws emerge-nature's unmistakable sign that chaos is departing in favor of order. The theory of phase transitions told us loud and clear that the road from disorder to order is maintained by the powerful forces of self-organization and is paved by power laws. It told us that power laws are not just another way of characterizing a system's behavior. They are the patent signatures of self-organization in complex systems.
Albert-László Barabási (Linked: How Everything Is Connected to Everything Else and What It Means for Business, Science, and Everyday Life)
The average American is unaware of this system—the patenting of drugs from nature, the renewal of patents based on insignificant changes, the aggressive marketing of prescription drugs, bans on purchases from foreign pharmacies, payments to doctors to prescribe specific drugs, and pay-for-delay—as well as the laws and administrative decisions that undergird all of it.
Robert B. Reich (Saving Capitalism: For the Many, Not the Few)
A certain Gabriel, a craftsman from Verden, had invented and patented a miniature crossbow. He advertised them with the slogan "Defend yourself". His handbill declared "Banditry and violence are rampant among us. The law is powerless and inept. Defend yourself! Don't leave home without a handy Gabriel crossbow. A Gabriel is your guardian, a Gabriel will protect you and your dear ones from bandits." Sales were phenomenal. Soon every bandit packed a Gabriel during robberies.
Andrzej Sapkowski (Wieża Jaskółki (Saga o Wiedźminie, #4))
Patent Law cannot afford to sit and watch while technology advancement changes its dynamics
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Grant is the beginning of the Patent Game, not its end.
Kalyan C. Kankanala (Fun IP, Fundamentals of Intellectual Property)
Throughout American economic life, regulatory barriers to entry and competition limit innovation by providing excessive monopoly privileges through copyright and patent laws, restrict occupational choice by protecting incumbent service providers through occupational licensing restrictions, and create artificial scarcity through land-use regulation. They contribute to increased inequality while reducing productivity growth.
Robert J. Gordon (The Rise and Fall of American Growth: The U.S. Standard of Living since the Civil War (The Princeton Economic History of the Western World Book 70))
Engineer’s fascination with CPVC began in the mid-1990s. During this period, in the construction and plumbing industry, pipes were still made of iron and copper. Engineer saw that corrosion was a major problem with galvanized pipes and India was materially behind the evolution curve in the use of plastics for pipes. In the United States, CPVC was the new anti-corrosion solution for plastic pipes, which was swiftly replacing metal (iron and copper) pipes in industrial applications. CPVC was also a superior product compared to PVC because of higher ductile strength, which gave it the ability to handle hot water up to 200 degrees Fahrenheit (93° Celsius) (PVC can handle hot water only up to 140 degrees Fahrenheit [60° Celsius]). B.F. Goodrich (now known as Lubrizol) held the patent for CPVC resin technology, and Engineer decided to tie up with them to bring CPVC to India. He travelled to the United States to forge a techno-financial joint venture (JV) deal with Thompson Plastics of USA, which provided Astral with the technical know-how for setting up the CPVC plant. Astral also acquired the licence for CPVC resin procurement from Lubrizol (the first Indian company to do so). With a JV partner on board and a licence in his hand, Engineer set up Astral Poly Technik in March 1996. Thompson put up 20 per cent of equity for the company and Engineer approached his uncle to fund another 20 per cent. For his personal equity contribution, Engineer sold his house in Ahmedabad. I met Engineer at Astral’s corporate office located off the bustling Sarkhej–Gandhinagar Highway and behind the prestigious Rajpath Club in Ahmedabad. Recalling those early days, Engineer told me, ‘There was a time when everything my father-in-law and I owned was mortgaged to build Astral.
Saurabh Mukherjea (The Unusual Billionaires)
Tesla, in his letter to Johnson, to claim he had already developed such a device and had revealed the underlying physical laws. Other U.S. patents have been filed: (#3,811,058, #3,879,622, and #4,151,4310), for example,  for motors that  run exclusively on permanent energy,  seemingly tapping into energy
Tim R. Swartz (The Lost Journals of Nikola Tesla: Time Travel - Alternative Energy and the Secret of Nazi Flying Saucers)
A vertical movement toward market incentives is noticeable, nonetheless. As industrial capitalism arises in England in the eighteenth century, new economic structures raise the stakes for commercial ventures: tantalizing rewards lure innovators into private enterprise, and the codification of English patent laws in the early 1700s gives some reassurance that good ideas will not be stolen with impunity. Despite this new protection, most commercial innovation during this period takes a collaborative form, with many individuals and firms contributing crucial tweaks and refinements to the product. The history books like to condense these slower, evolutionary processes into eureka moments dominated by a single inventor, but most of the key technologies that powered the Industrial Revolution were instances of what scholars call “collective invention.” Textbooks casually refer to James Watt as the inventor of the steam engine, but in truth Watt was one of dozens of innovators who refined the device over the course of the eighteenth century.
Steven Johnson (Where Good Ideas Come From)
What is the right balance? It’s certainly conceivable that the promise of hitting a financial jackpot is so overwhelming that it more than makes up for the inefficiencies introduced by intellectual property law and closed R&D labs. That has generally been the guiding assumption for most modern discussions of innovation’s roots, an assumption largely based on the free market’s track record for innovation during that period. Because capitalist economies proved to be more innovative than socialist and communist economies, the story went, the deliberate inefficiencies of the market-based approach must have benefits that exceed their costs. But, as we have seen, this is a false comparison. The test is not how the market fares against command economies. The real test is how it fares against the fourth quadrant. As the private corporation evolved over the past two centuries, a mirror image of it grew in parallel in the public sector: the modern research university. Most academic research today is fourth-quadrant in its approach: new ideas are published with the deliberate goal of allowing other participants to refine and build upon them, with no restrictions on their circulation beyond proper acknowledgment of their origin. It is not pure anarchy, to be sure. You can’t simply steal a colleague’s idea without proper citation, but there is a fundamental difference between suing for patent infringement and asking for a footnote.
Steven Johnson (Where Good Ideas Come From)
VanDrunen poses the question this way: “If the natural law written on the heart proclaims the works principle, and if in Christ we are no longer under the works principle . . . then are New Testament Christians in fact not under the natural law, though it seems to be constitutive of the very image of God in which we are being re-created?” (313). The reason VanDrunen is compelled to raise this rather provocative question is patent. If the obligations of the moral law, whether in the prelapsarian or the postlapsarian circumstances, necessarily place their recipients under the promises and sanctions of the covenant of works with its works-inheritance principle, then how can believers in the covenant of grace be subject to the law’s demands? Does not the freedom from the law that believers enjoy through Christ include a freedom from the moral law as well? VanDrunen does not shy away from this question, but answers it with the provocative claim that believers are not subject to the moral law as believers, so far as their conduct in relation to fellow believers within the “spiritual” kingdom of Christ is concerned. Though believers, so far as their conduct in the “natural” or “civil” kingdom is concerned, may be subject to the natural law, they are not subject to the natural law as Christians. Due
Cornelis P. Venema (Christ and Covenant Theology: Essays on Election, Republication, and the Covenants)
Kleiber’s law proved that as life gets bigger, it slows down. But West’s model demonstrated one crucial way in which human-built cities broke from the patterns of biological life: as cities get bigger, they generate ideas at a faster clip. This is what we call “superlinear scaling”: if creativity scaled with size in a straight, linear fashion, you would of course find more patents and inventions in a larger city, but the number of patents and inventions per capita would be stable. West’s power laws suggested something far more provocative: that despite all the noise and crowding and distraction, the average resident of a metropolis with a population of five million people was almost three times more creative than the average resident of a town of a hundred thousand.
Steven Johnson (Where Good Ideas Come From)
But the most fascinating discovery in West’s research came from the data that didn’t turn out to obey Kleiber’s law. West and his team discovered another power law lurking in their immense database of urban statistics. Every datapoint that involved creativity and innovation—patents, R& D budgets, “supercreative” professions, inventors—also followed a quarter-power law, in a way that was every bit as predictable as Kleiber’s law. But there was one fundamental difference: the quarter-power law governing innovation was positive, not negative. A city that was ten times larger than its neighbor wasn’t ten times more innovative; it was seventeen times more innovative. A metropolis fifty times bigger than a town was 130 times more innovative.
Steven Johnson (Where Good Ideas Come From)
judged by the Harvard Law Review in 1904 to be “probably the best modern text-book on the law of patents, and . . . the only treatment of the modern American law of patents.” Speaking before the same House Committee on Patents, Walker argued that protection of plants as intellectual property should be limited to those who actually create new plants, as opposed to those who merely discover a previously unknown organism.
Jane S. Smith (The Garden of Invention: Luther Burbank and the Business of Breeding Plants)
Patents lend credibility to your products.
Kalyan C. Kankanala (Road Humps and Sidewalks)
Economic growth requires investment in things—more machines, more basic facilities like highways or broadband—and in people, who need more and better education. Knowledge needs to be acquired and extended. Some of that extension is the product of new basic science, and some of it comes from the engineering that turns science into goods and services, and from the endless tweaking and improvement of design that, over time, turned a Model-T Ford into a Toyota Camry, or my clunky personal computer of 1983 into the sleek, almost weightless, and infinitely more powerful laptop on which I am writing this book. Investment in research and development enhances the flow of innovation, but new ideas can come from anywhere; the stock of knowledge is international, not national, and new ideas disperse quickly from the places where they are created. Innovation also needs entrepreneurs and risk-taking managers to find profitable ways of turning science and engineering into new products and services. This will be difficult without the right institutions. Innovators need to be free from the risk of expropriation, functioning law courts are needed to settle disputes and protect patents, and tax rates cannot be too high. When all of these conditions come together—as they have in the United States for a century and a half—we get sustained economic growth and higher living standards.
Angus Deaton (The Great Escape: Health, Wealth, and the Origins of Inequality)
A capitalist society requires certain preconditions. Among other things, it must establish a rule of law through enforceable contracts; respect private property; create a trustworthy bureaucracy to arbitrate legal disputes; and offer patents and other protections to promote invention
Ron Chernow (Alexander Hamilton)
The panoply of punishments ostensibly directed at domestic violence was created almost entirely to win advantage in divorce and child custody cases and answered the problem of how to physically remove the father from the home. “It’s an easy way to kick somebody out,” says one family law specialist, who claims to see at least one case a month where patently false charges are used to remove a spouse.
Stephen Baskerville
The road clung to the spine of the ridge, sidewinding in sinuous loops toward the blue smokes of Smoky Mountain where deposits of coal, ignited by lightning some long-gone summer afternoon a thousand—ten thousand?—years before, smoldered beneath the surface of the mountain’s shoulders. There seemed to be no pursuit. But why should there be? They hadn’t done anything wrong. So far they had done everything right. Down on the alkali flats where only saltbush, cholla and snakeweed grew, they met a small herd of baldface cows ambling up to the higher country. Beef on the hoof, looking for trouble. What Smith liked to call “slow elk,” regarding them with satisfaction as a reliable outdoor meat supply in hard times. How did they survive, these wasteland cattle? It was these cattle which had created the wasteland. Hayduke and Smith dallied several times to get out the old pliers and cut fence. “You can’t never go wrong cuttin’ fence,” Smith would say. “Especially sheep fence.” (Clunk!) “But cow fence too. Any fence.” “Who invented barbed wire anyhow?” Hayduke asked. (Plunk!) “It was a man named J. F. Glidden done it; took out his patent back in 1874.” An immediate success, that barbwire. Now the antelope die by the thousands, the bighorn sheep perish by the hundreds every winter from Alberta down to Arizona, because fencing cuts off their escape from blizzard and drought. And coyotes too, and golden eagles, and peasant soldiers on the coils of concertina wire, victims of the same fat evil the wide world over, hang dead on the barbed and tetanous steel. “You can’t never go wrong cuttin’ fence,” repeated Smith, warming to his task. (Pling!) “Always cut fence. That’s the law west of the hundredth meridian. East of that don’t matter none. Back there it’s all lost anyhow. But west, cut fence.” (Plang!)
Edward Abbey (The Monkey Wrench Gang)
The international regime of intellectual property rights has significantly shaped the control and distribution of knowledge for hundreds of years. It’s a story that began innocently enough in the fifteenth century, when Venice started awarding its famed glass-blowers 10-year patents to protect their novel creations from imitators. Show us how you made it, promised the law, and no one is permitted to copy you for a decade.
Kate Raworth (Doughnut Economics: Seven Ways to Think Like a 21st-Century Economist)
4. Priceless versus worthless: The cost of materials today ranges from $0.1 per kg for wood to $4 trillion per kg for certain pharmaceuticals (reimbursable by health insurance). With revolutions in smart materials and molecular engineering, all materials and objects could be reduced to the range of $0.2 per kg (electronics, clothes, foods, cosmetics, and so on)—or people could spend more and more for less and less via clever branding, copyright and patent laws, elaborate licensing and regulatory schemes, and the like. Or is there a way of artfully combining and integrating all of the above?
George M. Church (Regenesis: How Synthetic Biology Will Reinvent Nature and Ourselves)
But a patent is not a hunting license. Is it not a reward for the search, but compensation for its successful conclusion
Martin J. Adelman (Patent Law in a Nutshell (In a Nutshell (West Publishing)) (Nutshell Series))
We want America in the twenty-first century to be the launching pad where everyone in the world comes to launch his or her moon shot. We want it to be the place where innovators and entrepreneurs the world over come to locate all or part of their operations because our workforce is so productive; our infrastructure and Internet bandwidth are so advanced; our openness to talent from anywhere is second to none; our funding for basic research is so generous; our rule of law, patent protection, and investment- and manufacturing-friendly tax code is superior to what can be found in any other country; and our openness to collaboration is unparalleled—all because we have updated and expanded our formula for success.
Thomas L. Friedman (That Used to Be Us: How America Fell Behind in the World It Invented and How We Can Come Back)
because our workforce is so productive; our infrastructure and Internet bandwidth are so advanced; our openness to talent from anywhere is second to none; our funding for basic research is so generous; our rule of law, patent protection, and investment- and manufacturing-friendly tax code is superior to what can be found in any other country; and our openness to collaboration is unparalleled—all because we have updated and expanded our formula for success.
Thomas L. Friedman (That Used to Be Us: How America Fell Behind in the World It Invented and How We Can Come Back)
A corrupt and dynastic political party is antithetical to the rule of law and to carefully crafted constitutional checks and balances to prevent abuse of power. A tendency towards autocracy and consequent institutional subversion is inevitable with a party thus configured. The result is a prime minister bereft of real power, subservient to the dynastic head and a mute spectator to the loot and plunder of the nation’s resources; a president who is a loyal camp follower and will faithfully rubber stamp the decisions ordained by the dynasty: witness how unhesitatingly President Fakhruddin Ali Ahmed signed the Proclamation of Emergency at Mrs. Gandhi’s bidding in 1975 and ponder whether Mrs. Pratibha Patil, (besieged as she was by her co-operative sugar factory in liquidation, her co-operative bank bankrupt, and her family embroiled in the murder case of a popular intra-party rival in Jalgaon at the time of her nomination by Mrs. Sonia Gandhi), would have done otherwise; or for that matter whether President Pranab Mukherjee, whose many acts of subversion of the Constitution during the Emergency have been documented by the Shah Commission, is so radically transformed that he would now protect it; a judiciary accused of judicial overreach when it censures the government or brings its ministers to book while its inconvenient judgments are subjected to review or Presidential Reference; a CAG whose findings against the government’s decisions are vilified as being patently erroneous, in excess of jurisdiction and even motivated, although that august body, the Constituent Assembly had opined that as the guardian of the nation’s finances, the CAG was as important a Constitutional functionary as the justices of the Supreme Court; a CVC appointed despite the taint of corruption and over the protest of the leader of the Opposition, whose appointment was finally quashed by the Supreme Court; and a CBI whose only role on empirical evidence is to falsely implicate political opponents and wrongly exonerate the regime’s members and cronies.
I can explain nothing to you unless I first draw your attention to patent inadequacies in your knowledge: discontinuities in the relations between objects, or the presence of anomalies you cannot account for by any of the laws known to you. You will remain deaf to my explanations until you suspect yourself of falsehood.
James P. Carse (Finite and Infinite Games)
before June 8, 1995, expires
Jeffrey Schox (Not So Obvious: An Introduction to Patent Law and Strategy)
However nothing can excuse Cromwell’s extreme cruelty in Ireland. No matter what his medical condition, the savagery at Drogheda shocked even his most faithful followers. Even some of his commanders, including old campaigners like Ludlow, thought the slaughter at Drogheda “extraordinary”. Cromwell admitted in a letter to Lenthall that he personally had led the charge on Mill Mount, although quarter had already been given and revoked by himself at the last minute. He also ordered the firing of St Peter’s Church steeple in which one hundred people were sheltering. His excuse for all this bloodletting was to instil terror and thus save lives. “The enemy were filled with much terror. And truly I believe this bitterness will save much blood through the goodness of God.” Another reason he gave for the savagery at Drogheda was that it was a “righteous judgement of God upon these barbarous wretches, who have imbrued their hands in so much innocent blood”. Cromwell’s third excuse for the slaying of the garrison was that it was the law of war. If the defenders of a fortress which had been summoned to surrender had refused, they then had no claim to mercy, the more so if the fortress was patently indefensible.
Sean O'Callaghan (To Hell or Barbados: The ethnic cleansing of Ireland)
He looks every part the hot evil San Francisco tech lawyer he is, minus the evil, because Trevor is a teddy bear who just happens to enjoy following the letter of the law of patents
Taleen Voskuni (Sorry, Bro)
Fourteen Ways To Tame Pharma 1. No more direct-to-consumer advertising on TV, in magazines, or on the internet 2. No more drug company-sponsored junkets, dinners, promotional gifts, or continuing medical education for doctors or medical students 3. No more financial support for medical professional organizations 4. No more beautiful salespeople congregating in the doctors' waiting room 5. No more free samples 6. No more off-label marketing 7. No more co-opting of thought leaders 8. No more drug company funding for the Food and Drug Administration 9. Bigger fines and criminal penalties for malfeasance that are directed against the executives as well as the companies 10. Shortened patent protection for companies that break the law 11. No more financial aid for consumer advocacy groups 12. No more disease-awareness campaigns 13. No more unlimited and undisclosed contributions to politicians 14. A three-year quarantine before politicians, staffers, and bureaucrats involved in setting or monitoring drug company regulations can join a drug company as officer or employee
Allen Frances