The “process” of patenting: Why should we care about a potential U.S. Supreme Court decision in Bilski v. Doll?

In Bilski v. Doll, the U.S. Supreme Court is called to define one of the categories of patent-eligible subject matter, “process” patents. In 2008, the Court of Appeals for the Federal Circuit held that the category has a narrow meaning, and that to be eligible for a process patent under 35 U.S.C. § 101, the invention must involve a machine or apparatus or involve a transformation to a different state or thing, ultimately rejecting the patent application as unpatentable subject matter. The patent applicants have asked the U.S. Supreme Court to determine two issues: first, the meaning of “process” in 35 U.S.C. § 101 and whether the lower court properly relied on a “machine-or-transformation” test, and second, the test's potential conflict with 35 U.S.C. § 273, which provides protection for “method[s] of doing or conducting business.” The Court's decision could change the way that research and business are done, and patent protection for such investments. Parts 1 and 2 of this article address Bilski directly and what is and is not in dispute. Part 3 addresses the “machine-or-transformation” test, while Parts 4 and 5 address reasons not to adopt such a test.     

CHARTING A COURSE THROUGH THE HEALTH CARE POLICY MAZE

Health Policy: Development, Implementation and Evaluation in Australia. By H eather GARDNER (ed.)
The Price of Health: Australian Governments and Medical Politics 1910–1960. By J ames A G illespie
Federalism and Health Policy: The Development of Health Systems in Canada and Australia. By G wendolyn G ray
The President's Health Security Plan. By W hite H ouse D omestic C ouncil
Hospitals in Transition: The Resource Management Experiment. By T im P ackwood , J ustin K een and M artin B uxton     

Subjective Age in the Transition to Adulthood for Persons with and without Motor Disabilities

This study examined subjective age (how old one feels) and associated variables in 148 emerging adults, ages 20–30 years. Seventy-six participants had a motor disability (cerebral palsy, spina bifida) and 72 had no motor disability. Participants completed questionnaires and were interviewed. There was no significant difference in subjective age between groups. Consistent with previous research, chronological and subjective ages were significantly negatively related in participants without motor disabilities. Chronological and subjective ages were unrelated in the group with motor disabilities but higher psychosocial maturity was related to an older subjective age. Perceptions of how much parents fostered autonomy did not predict subjective age in either group. In both groups, individuals whose parents treated them as younger reported feeling younger. Number of role transitions did not predict subjective age. The results highlight the importance of exploring motor disabilities as a source of diversity in the subjective ages of young people during the transition to adulthood.

Pain Management and Work Capacity: Evidence From Workers’ Compensation and Marijuana Legalization

We study whether the work capacity of the older working population responds to improved pain management therapy access. We use the adoption of state recreational marijuana laws (RMLs) as a large policy shock to access to a non-pharmaceutical pain management option. We focus on workers’ compensation cash benefit receipt as a measure of work capacity, finding that receipt declines in response to RML adoption. Workers’ compensation cash benefits are awarded to workers who require time away from work to recover from an injury, which arguably captures a policy-relevant aspect of work capacity. We observe similar shifts in complementary proxies for work capacity, including work-limiting disability rates. After considering a range of alternative mechanisms, the evidence suggests that the primary driver of the reductions in workers’ compensation benefits is improvements in work capacity.     

Strength in Numbers or Quality over Quantity? Examining the Importance of Criterion Measure Selection to Define Validity Groups in Performance Validity Test (PVT) Research

Mirroring clinical guidelines, recent Performance Validity Test (PVT) research emphasizes using ≥ 2 criterion PVTs to optimally identify validity groups when validating/cross-validating PVTs; however, even with multiple measures, the effect of which specific PVTs are used as criterion measures remains incompletely explored. This study investigated the accuracy of varying two-PVT combinations for establishing validity status and how adding a third PVT or applying more liberal failure cut-scores affects overall false-positive (FP)/-negative (FN) rates. Clinically referred veterans (N = 114; 30% clinically identified as invalid) completing a six-PVT protocol as during their evaluation were included. Concordance rates were calculated across all possible two-and three-PVT combinations at conservative and liberal cutoffs. Two-PVT combinations classified 72–91% of valid (0–4% FPs) and 17–74% of invalid (0–40% FNs) cases, and three-PVT combinations classified 67–86% of valid (0–6% FPs) and 57–97% of invalid (0–24% FNs) at conservative cutoffs. Liberal cutoffs classified 53–86% of valid (0–15% FPs) and 39–82% of invalid (0–30% FNs) cases for two-PVT combinations and 46–75% of valid (3–27% FPs) and 60–97% of invalid (0–17% FNs) cases for three-PVT combinations. Irrespective of whether a two-or three-PVT combination or conservative/liberal cutoffs were used, many valid and invalid cases failed only one PVT (3–68%).Two-PVT combinations produced high FNs and were less accurate than three-PVTs for detecting invalid cases, though variable accuracy was found within both types of combinations based on the specific PVTs in the combination. Thus, both PVT quantity and quality are important for accurate validity classification in research studies to ensure reliability and replicability of findings. Applying more liberal cutoffs yielded increased sensitivity, but with generally higher FPs yielding problematic specificity, particularly for three-PVT combinations.     

Women’s Organizations of Political Parties: Formal Possibilities,Informal Challenges and Discursive Controversies

Feminist research focusing on gender policy successes in the 1990s and 2000s emphasized the strengths of women’s organizations of political parties in advancing key gender equality issues in Finland. However, both the “feminism” and “politics” of political parties’ women’s organizations, hitherto apparent in Finland and elsewhere in Europe, are now deemed outdated, a paradox that is critically explored in this article. The analysis is based on interview data with women and men politicians and party workers and is structured around the key research question: how are the women’s organizations of political parties discursively constructed by the interviewed politicians and party workers and with what effects? These discursive constructions are studied in relation to: (i) the formal institutional position of the women’s organizations of political parties, (ii) informal institutional position vis-à-vis the mother party, and (iii) discursive controversies surrounding their feminism and politics. The discourse analysis reveals the contradictions and challenges faced by women’s political organizations in contemporary politics.