Academic entrepreneurship and business schools

In this paper, we employ resource-based and institutional theories to examine the current role of business schools in academic entrepreneurship. In particular, we seek to identify and understand the challenges to business schools contributing to the transfer of knowledge to enable academic entrepreneurship. Employing a case-based method, we present evidence from 42 interviews with technology transfer officers (TTOs), business school deans, business school entrepreneurship faculty and scientists in eight UK universities. Our empirical analysis is focused on analyzing the challenges arising from the links between business schools and three other principal stakeholders of academic entrepreneurship (i.e., the university management, TTOs and academics in science departments). The findings suggest that in addition to concerns about the nature of their human capital, the ability of business schools to fill knowledge gaps in the development of academic entrepreneurship is constrained by the institutional structures of universities which influence: the strategies of the university and the business school; links between business schools, TTOs and scientists; and process issues relating to differences in language and codes, goal differences, incentives and rewards, expertise differences and the content of interactions. We conclude that if business schools are to play a more prominent role in academic entrepreneurship there is a need to develop internal university processes and policies that promote rather than hinder internal knowledge flows between business schools, TTOs and science departments.     

The nexus between science and industry: evidence from faculty inventions

Knowledge transfer from science to industry has been shown to be beneficial for the corporate partner. In order to get a better understanding of the reasons behind these positive effects, this study focuses on the junction of science and industry by comparing characteristics of academic inventions that are transferred to industry and those staying in the public sector. Academic inventions are identified via patent applications of German academic scientists. We find that academic patents assigned to corporations are more likely to enable firms reaping short term rather than, possibly more uncertain, long-run returns, in contrast to patents that stay in the public sector. Firms also strive for academic inventions with a high blocking potential in technology markets. Academic patents issued to corporations appear to reflect less complex inventions as compared to inventions that are patented by the public science sector.     

我国基因专利保护范围界定的思考

基因专利保护范围边界的确定是当前生物科技专利领域中争论的焦点之一。专利保护范围决定着专利垄断权的实际价值，基因专利保护范围直接影响着生物技术产业的发展。主要梳理美国、德国、瑞士和日本在基因专利保护范围上的发展变迁趋势，同时初步探讨对我国基因专利保护范围界定方面给予的启示。     

University-industry linkages in nanotechnology and biotechnology: evidence on collaborative patterns for new methods of inventing

The nanotechnology and biotechnology “revolutions” are so-called because their enabling technological breakthroughs were not simply inventions, but discoveries of entirely new methods of inventing. We hypothesize that university participants in either or both of these areas will exhibit greater collaboration with industry than researchers in other areas. We explore this hypothesis for 454 faculty members who conducted research that was patented during the period 1994–1999. Because our data include patents, publications, and funding at the individual level, we are able to examine the industry interaction of faculty who participated in the nanotechnology and biotechnology revolutions, as well as the interaction of faculty contributing to other areas of patentable science. We examine a variety of linkages, including sponsored research, consulting, publication with firm employees and measures of the potential for cross-campus collaboration. The results are striking in that they show significant differences in collaborative behavior across patent types and across the major program areas biological sciences, physical sciences and engineering. The results are consistent with a greater degree of tacit knowledge within the new methods of inventing. We also find significant differences in the embryonic nature and importance of patents across areas.     

专利技术的在先使用问题研究

在我国专利法中 ,仅对外观设计专利 ,第二十三条规定明确了授予专利权的外观设计不得与他人在先取得的合法权利相冲突 ,而对发明和实用新型专利没有做出明确规定。这是否意味着对于发明专利和实用新型专利不存在在先权原则制约 ?如果对此两类专利不存在在先权制约 ,如何理解适用专利法第六十三条第二款规定的 ,在专利申请日前已经制造相同产品、使用相同方法或者已经做好制造、使用的必要准备 ,并且仅在原有的范围内继续制造、使用的不视为侵犯专利权 ?不视为侵权的行为属于对专利权的合理使用还是专利权的取得不得损害他人在先权利 ?不解决上述问题 ,就无法分清实践中专利技术的在先使用和专利侵权的界限 ,由此可能导致截然不同的法律后果。本文作者以程序法的视角和保护知识产权国际公约协定确立的基本原则为背景 ,从明确保护专利技术的在先使用权、专利技术在先使用权抗辩专利权的法律适用、专利技术在先使用权的效力地位及保护途径三个方面来探讨解决上述问题。     

技术在先使用与专利权冲突的探讨

在我国专利法中,仅对外观设计专利,在第23条规定了授予专利权的外观设计不得与他人在先取得的合法权利相冲突,而对发明和实用新型专利没有做出明确规定。这是否意味着对于发明专利和实用新型专利不存在在先权原则制约?如果对此两类专利不存在在先权制约,如何理解适用专利法第63条第2款规定的,在专利申请日前已经制造相同产品、使用相同方法或者已经做好制造、使用的必要准备,并且仅在原有的范围内继续制造、使用的不视为侵犯专利权?不视为侵权的行为属于对专利权的合理使用还是专利权的取得不得损害他人在先权利?不解决上述问题,就无法分清实践中专利技术的在先使用和专利侵权的界限,由此可能导致截然不同的法律后果。以程序法的视角和保护知识产权国际公约协定确立的基本原则为背景,从明确保护专利技术的在先使用权、专利技术在先使用权抗辩专利权的法律适用、专利技术在先使用权的效力地位及保护途径三个方面来探讨解决上述问题。     

专利信托融资模式的设计与应用

有效利用专利,成功获取企业发展所需资金是科技企业成功经营的一个标志。虽然银行业已经广泛开展了专利担保融资业务,但由于各种固有的局限,质押融资远远不能满足大多数中小科技企业的融资需求。作为唯一可以合法进行综合投资的信托融资则可以发挥重要的补充作用。合理的制度设计是保证专利信托融资成功的关键。     

Causes in the construction of causal law: A psycho-ecological model

The article presents an integrated psycho-ecological model of the construction of law, with implications for practice in law and mental health. The model is based on a series of concentric circles, each representing a layer of influence on the construction of law. The circle furthest removed from the center represents the influence of culture, society and industry, in particular, and the circle at the center of the circle represents the case at hand, for example, about individual complainant or mass action. The article begins by arguing that basic terms in relation to cause need clarification and also work is needed to disambiguate the concepts involved. After dealing with these issues, the article examines science and mental health. Is the scientific evidence presented by the expert sufficiently reliable and valid to meet admissibility standards of good compared to poor or junk science? Is the research undertaken for court or presented to court biased, with factors hidden, such as links to industry. Are individual evaluations conducted with biased science serving to justify partial conclusions? The dangers of powerful influences on the construction of law are highlighted, for example, related to the individual complainant malingering and the insurance industry protecting its financial interests at the expense of genuinely injured patients. In conclusion, suggestions for empirical research are offered.     

Knowledge flows,the influence of national R&D structure and the moderating role of public–private cooperation

This paper analyses country-specific determinants of knowledge flows with a view to uncover the role of cross-organizational interactions. Using a sample of some 600,000 patents from the EU27 member states in the period 1990–2007, we take backward citations as dependent variable and find that technological sophistication and research size have a positive effect on knowledge flows. While a national bias towards applied research and development has a negative impact, individual public–private cooperation has a moderating effect due to the generation of scientific knowledge by public institutions. The present study contributes to the debate concerning the direction of R&D investments and provides empirical support to policies aimed at the enhancement of public–private cooperation.     

Human Genome and Patent

The first phase of the Human Genome Project came to an end by the summer of 2000. We have a fairly complete and accurate listing of all the genes in a typical human being. Apart from the tremendous impact that this knowledge will have on health care, it also represents a patent rush where both private and public institutions are trying to gain temporary control, through patents, over the use and reproduction of genetic information. This paper introduces the reader to issues involving the patent ability of genes, the tests used by patent offices to award patents. The ownership of the human genome--and the access to the tools and databases necessary to make sense out of the millions of bits of information that make up the estimated 100,000 human genes--constitutes one of the hottest debates in the public policy arena not just in the field of science but sociology, politics, law and ethics.     

The Impact of Gravity-Weighted Knowledge Spillovers on Productivity in Manufacturing

This paper tests for localized knowledge spillovers from out-of-state innovations in U.S. manufacturing from 1977 to 1997. The source of these spillovers is innovations categorized into six technologies based on U.S. patent classes and patent data. Using a gravity-weighting for out-of-state innovations, knowledge spillovers are found from mechanical technologies and drug and medical technologies for a broad group of manufacturing industries. Innovations from chemical-related technologies are found to generate spillovers for the Chemical and Allied Products Industry and for the Transportation Equipment Industry. Additionally, specialization of production at the two-digit Standard Industrial Classification of industry level is also found to increase state-level productivity in manufacturing.     

Patent analysis for promoting technology transfer in multi-technology industries: the Korean aerospace industry case

With the increasing importance of technology, the efficiency of R&D investment is becoming a critical factor to an organisation’s success. As a result, many studies have carried out to create useful information to support various decision-makings faced during R&D planning but few efforts were made to discuss technology transferability in creating the information. Technology transferability can be an important factor to increase the efficiency of R&D investment especially in a multi-technology industry, where a compound of several industries produces a variety of components and systems. Therefore, this study purposes to develop a systematic method to analyse the transferability of technology, aiming to facilitate R&D spill-over. For the purpose of analysis, patent data from USPTO (United States Patent and Trademark Office) was adopted and patent citation analysis applied, which shows the relationship between technologies and industries as quantitative measures. The research result then was applied to Korean aerospace industry and its utility verified. The suggested method is expected to be used in understanding technology characteristics and making the most use of R&D outputs by promoting technology transfer in multi-technology industries.     

Patenting nanotechnology

Universities and companies are rushing to the patent office in record numbers to patent nanotechnology inventions. This rush to the patent office is so significant that many law firms have established nanotechnology practice groups and the U.S. Patent and Trademark Office has now created a new technology class designed to track nanotechnology products. Three big differences between the emerging science of nanotechnology and other inventions make the role of patents more significant in this arena than elsewhere. First, this is almost the first new field in a century in which the basic ideas are being patented at the outset. In many of the most important fields of invention over the past century--computer hardware, software, the Internet, even biotechnology--the basic building blocks of the field were either unpatented or the patents were made available to all users by government regulation. In others, patents were delayed by interferences for so long that the industry developed free from their influence. In nanotechnology, by contrast, companies and universities alike are patenting early and often. A second factor distinguishing nanotechnology is its unique cross-industry structure. Unlike other new industries, in which the patentees are largely actual or at least potential participants in the market, a significant number of nanotechnology patentees will own rights not just in the industry in which they participate, but in other industries as well. This overlap may significantly affect their incentives to license the patents. Finally, a large number of the basic nanotechnology patents have been issued to universities, which have become far more active in patenting in the last twenty-five years. While universities have no direct incentive to restrict competition, their interests may or may not align with the optimal implementation of building-block nanotechnology inventions. The result is a nascent market in which a patent thicket is in theory a serious risk. Whether it will prove a problem in practice depends in large part on how efficient the licensing market turns out to be.     

法证科学领域的决策

随着法证DNA证据以及它所适用的概率模型日益凸显,反映了传统法证科学的局限性,并使人们对法证科学领域的决策产生了越来越多的质疑,焦点集中在对结论的解读方式和实际运用。分析表明,科学证据的本质不是绝对性或确定性的,而是概率性的;同时,事实审判者需要基于这些概率性的证据对事实作出明确的决定。因此,对于法证科学领域的决策,应当是专家在一系列归纳得出的特定假设基础上,就研究结果的概率进行恰当的报告,由事实审判者承担对概率作出决断的任务。     

Patent trolls in China: Some empirical data

Prior research found that the Chinese patent system is more pro-patentee than once believed. Patent owners performed much better in both infringement lawsuits and post-grant validity reviews in China than in many other countries, such as the United States and Germany. Also, after a finding of infringement, Chinese courts were quite lenient with regard to permanent injunctions. All these pro-patentee tendencies, together with the rapid growth of China's software industry, cast doubt on the prevalence of troll activities in China. This article analyzes 3435 patent infringement lawsuits decided by local people's courts in China in 2015 and 2016 and provides some valuable insights into two important questions: how often do patent trolls litigate in China, and do they adopt different litigation tactics from practicing entities? Based on empirical data, this article finds that, interestingly, both the number and the size of patent trolls in China are relatively small. Although nearly half (1534, or 44.7%) of all patent infringement lawsuits were initiated by non-practicing entities (NPEs), individual inventors, instead of professional businesses, accounted for an overwhelming majority of all NPE cases (1528, or 99.6%). Patent assertion entities (PAEs), by contrast, only initiated four out of 3435 cases (0.1%) in the two-year period under review. If only patents in the computer industry are taken into consideration, then PAEs initiated zero computer-related lawsuits. Nonetheless, this article does observe some trollish litigation tactics worthy of attention and further research. There were 47 repeat litigants – litigants who initiated 10 or more cases; some performed “commercial enforcement,” asserting patents against multiple small retailers instead of against one large manufacturer; and patent owners, on average, waited for a rather long time before enforcing their patents in China. All these behaviors may introduce bias to the incentives to innovate and put pressure on the overall functioning of the Chinese patent system.     

知识产权制度的未来

知识经济的发展和数字网络的兴起使知识的创新与传播日益多样化，深刻地改变了知识产权制度的生态环境。生态环境的巨大变化进一步暴露了知识产权制度的先天缺陷，使知识产权制度面临前所未有的危机和挑战，改革现有知识产权制度与探索知识产权制度的补充或替代成为必然。知识创新激励制度的多样性、可替换性与环境适应性表明，单一制度无法提供所有知识领域的最佳激励，多元化成为未来知识产权制度的必然选择。     

中国制造业走出国门的知识产权保护问题

入世后,中国产业尤其是制造业面临着专利技术侵权的严峻考验,在国际大企业不断的侵权诉讼中,寻找问题的关键和突破重围成为国内企业走出国门的当务之急。本文结合2003年里发生的中国制造业在国内外所受的专利侵权案件,分析其产生的原因,以江苏省制造业为例,试对我国制造业在WTO大背景下出口的知识产权保护问题提出相应的解决方案。     

常染色体STR突变基因座父权指数计算

目的概括归纳常染色体STR突变基因座的父权指数计算方法,以在实际检案中应用推广。方法根据目前对常染色体STR基因座突变的认识,用经验递减模型从基因座突变率计算等位基因突变率,分别推导在标准三联体和二联体亲子鉴定中STR突变基因座的父权指数计算式,并举例进行演算。结果总结了在标准三联体鉴定中,只允许假设父突变和既允许假设父也允许母发生突变时,以及二联体鉴定时X和Y的计算式。结论STR基因座发生突变时计算得的父权指数明显低于未发生突变时,提示要检测更多的遗传标记才能使累积父权指数达到认定亲权关系的标准。     

Main drivers of human capital,learning and performance

The aim of this study was to show the relationships between the enablers for knowledge creation and human capital (HC); the effect of HC on feedback and feedforward; and the influence of these learning flows on organizational performance. To achieve this, we developed a novel theoretical model of relationships and tested this model empirically. We quantitatively test this model using data from firms in the Spanish biotechnology sector. Results show strong relationships between HC and enablers for knowledge creation (redundancy, trust, and autonomy); HC and learning flows (feedback and feedforward); and learning flows and organizational performance. The originality of this study lies in linking—theoretically, empirically, and through a novel model—independent theories of HC, learning, and knowledge creation.