Tag Archives: patents

Patents kill innovation?; nanosponges and spinning carbon nanotubes in China; Google and the universal translator

There’s an article about patents in The Economist online that provokes a question that’s not broached in the article. Here’s the thesis,

Most economists would argue that, without a patent system, even fewer inventions would lead to successful innovations, and those that did would be kept secret for far longer in order to maximise returns. But what if patents actually discourage the combining and recombining of inventions to yield new products and processes—as has happened in biotechnology, genetics and other disciplines?

Here’s the logical next question. If you accept the notion that patents kill innovation (or hinder it mightily) than how can the number of patents that are registered by any one country be used as a standard measure of scientific progress as per the 2009 OECD Science, Technology and Industry Scoreboard (my post about Canada’s low patent score here)?

Thanks to Techdirt for pointing me to The Economist article (go here to see their take) and to the Brad Feld posting (go here to see their take) about biotech innovation and patents. From Feld’s posting,

Regularly, patent advocates tell me how important patents are for the biotech and life science industries.  However, there apparently is academic research in the works that shows that patents actually slow down innovation in biotech.  The specific example we discussed was that there is increasing evidence that when a professor or company gets a patent in the field of genetics research, other researchers simply stop doing work in that specific area.  As a result, the number of researchers on a particular topic decreases, especially if the patent is broad.  It’s not hard to theorize that this results in less innovation around this area over time.

Feld goes on cite a few academics who write about patents and their impact on innovation. His main interest is not biotech but software which brings me back to the article in The Economist and a ‘weirdity’ at the end.

An end to frivolous patents for business processes will be a blessing to online commerce. Meanwhile, the loss of patent protection for software could make programmers realise at last that they have more in common with authors, artists, publishers and musicians than they ever had with molecular architects and chip designers. In short, they produce expressions of ideas that are eminently copyrightable.

That could be good news for innovation. After all, who in his right mind would seek a lousy old patent offering a mere 20 years of protection when copyright can provide monopoly rights for up to 70 years after the author’s death? That one fact alone could spur more innovation than all the tinkering attempted so far.

I understand that the author is being satirical, unfortunately, the copyright side of intellectual property law is at least as crazy as the patent side and this falls a little flat for me.

Michael Berger over at Nanowerk has devoted a couple of spotlight items (in depth articles) to innovations in China over the last few days. First there were the carbon nanotube sponges,

Carbon nanotubes (CNTs) are ‘strange’ nanostructures in a sense that they have both high mechanical strength and extreme flexibility. Deforming a carbon nanotube into any shape would not easily break the structure, and it recovers to original morphology in perfect manner. Researchers in China are exploiting this phenomenon by making CNT sponges consisting of a large amount of interconnected nanotubes, thus showing a combination of useful properties such as high porosity, super elasticity, robustness, and little weight (1% of water density). The nanotube sponges not only show exciting properties as a porous material but they also are very promising to be used practically in a short time. The production method is simple and scalable, the cost is low, and the sponges can find immediate use in many fields related to water purification.

Then today, there was an article on spinning carbon nanotube yarns,

“While the development of a continuous and weavable pure carbon nanotube yarn remains a major challenge in the fabrications, CNT yarns so far obtained from the different processes are monolithic in structure,” Ya-Li Li, a professor in the Nanomaterials and PDCs Group at the Key Laboratory of Advanced Ceramics and Machining Technology at Tianjin University in PR China, explains to Nanowerk. “We have now been able to demonstrate the fabrication of a novel continuous yarn of CNTs with a multiple-layer structure by the chemical vapor deposition (CVD) spinning process. The yarn consists of multiple monolayers of CNTs concentrically assembled in seamless tubules along the yarn axis.”

While I’ve seen a number of articles proclaiming China’s increasing  presence in many scientific fields, including nanotechnology, this is the first time I’ve seen articles that probe beyond a basic description of published studies in language that is still accessible, i.e., you don’t need a specialist degree to read the material. It certainly helps to contextualize the statistics and other data about China’s published studies.

Kit Eaton’s article (Will Google’s Translator Phone lead us to Babylon or Babble On?) in Fast Company touches on, biblical times (Tower of Babel), Star Trek (universal translator) and linguistics, how could I resist?

Google’s revealed it’s working on extensions to its smartphone voice-control powers, debuted in the Nexus One, that’ll automatically translate between languages. It’s the stuff of pure utopian science fiction. But is it a good idea?

While Eaton makes some other sci fi references that I’m not particularly familiar with such as Douglas Adams’ Babel Fish (which in turn references the Tower of Babel), her point is clear: there can be unintended consequences (a concept from Max Weber, if I recall rightly) to new inventions/innovations.

…  For example, if Google’s device succeeds, and is useful and ubiquitous (in other words, nearly everyone ends up using it, or a competing service)–nobody would need learn a foreign language. “Hooray!” you may be thinking, but this isn’t necessarily a good thing. Because language plays such a fundamental part in connecting each of us as thinking creatures with the world around us, that the subtle nuances of language (which are different even in similar tongues, say the Latin-derived Spanish and Portuguese) actually shape how we think about the world. Learning something of how somebody else speaks from a foreign country actually helps you to understand their mindset a little. And if the average Joe on the street never learns a foreign language anymore (because it’s a very tricky thing to do, and Google’s just doing it for you, so why bother?) then that subtle understanding will be lost.

In the discussion about  “… the subtle nuances of language shaping how we think …” Eaton is referring to the Sapir-Whorf hypothesis. Interestingly, some of the traditional linguistics departments in universities have resisted this hypothesis (I first learned about it in a mid-1980s communications course where we focused on semiotics).

On purely speculative terms, I could see two other ways for a universal translator to have unintended consequences. First, if something can’t be translated, it could disappear. Second, if a translatable version of your native language should emerge, people could break up into smaller subgroups to create more languages and more barriers to understanding. Eaton’s article definitely provoked some thinking for me this morning.

I did mention that I’d be posting the Geisler interview article later this week and I may have been a little optimistic as I’m having some difficulties chasing down a few details. In short, it’s on its way.

The problem with patents

After recently (January 7, 2010) posting comments about the problems of patents being used as a measure of scientific innovation and progress, I found this eloquent description on Techdirt,

Almost a third of our portfolio is under attack by patent trolls. Is it possible that one third of the engineering teams in our portfolio unethically misappropriated technology from someone else and then made that the basis of their web services? No! That’s not what is happening. Our companies are driven by imaginative and innovative engineering teams that are focused on creating social value by bringing innovative new services to market.

Our companies are being attacked by companies that were not even in the same market, very often by companies they did not even know existed….

I know of no case where the engineers in one of our companies were aware of the patents that are now being used to attack them. The moral rightness of this screams at me. If, as an engineer focused on solving a problem, I happened to come up with an idea that is in some way similar to yours, then that in itself should suggest that it was obvious and not patentable. Unfortunately, that does not really help. There, the burden of proof is still on the startup and it is still smarter to settle than to burn precious capital on a defense.

If, on the other hand, the troll was required to show the startup had some prior knowledge of their technology, the burden would be shifted to the attacker, and this blatant abuse would come to a grinding halt. If you believe as I do that innovation is key to social progress, please support patent reform. It is a complicated issue, but an independent invention defense is an obvious place to start.

The individual making the comments is a partner in a well respected venture capital firm that specializes in internet-related issues. You can read more of the Techdirt article here.

The US records many patents but are they good patents or patents that are intended to the lay groundwork for a payout? I assume the practice of filing nuisance patents is not confined to the US alone although the practice is not as common in Canada. I’m not sure I’d ascribe that to our better national character so much as there is less financial incentive. All of which takes me back to the 2009 OECD scoreboard which uses patents as a measure of scientific progress and my idle thoughts about it all here.

You might want to take a look at one of Rob Annan’s (Don’t leave Canada behind) postings about Canada’s Green brain drain? This is more fallout from the last federal budget.

Idle thoughts about the OECD 2009 Science, Technology and Industry Scoreboard, patents, and scientific productivity

I’m always intrigued that  patents are used as a means of measuring scientific productivity especially as there is some talk that they inhibit rather than encourage research efforts. (I have an earlier posting about this here.) This is by way of noting that the OECD’s (Organization for Economic Cooperation and Development) Canada highlights (part of the 2009 Science, Technology and Industry Scorecard) had this to say,

Canada has a low number of patents (21 per million inhabitants in 2005-07) compared to the OECD (33) and the G7 average (48).

Other indices are used as well and I’ve not examined it thoroughly enough to comment on the scorecard itself.

Now back to today’s theme, patents as a measure of scientific productivity. Patents are filed for any number of reasons not just to protect the inventor’s/researcher’s interests but also to intimidate others into abandoning their work or to lay grounds for future legal suits for heinous amounts of money (people who do this are called patent trolls). The question I have is do: the registered patents represent active scientific work? I can’t imagine that this question can be answered by looking at patent registration numbers.

Patenting and copyrighting intellectual property; the role of technical innovation; more on London’s digital cloud

I keep expecting someone to try patenting/copyrighting/trademarking a nanoparticle or some such nanoscale object. If you believe that to be unthinkable, I suggest you read this (from TechDirt’s  Mike Masnick’s news item here),

We’ve seen a few ridiculous cases whereby local governments claim copyright on a law [emphasis mine], but it’s still stunning to see what’s going on in Liberia. Tom sends in the news that no one knows what the law covers in Liberia, because one man, leading a small group of lawyers, claims to hold the copyright on the laws of the country and won’t share them unless people (or, rather, the government of Liberia) is willing to pay. Oh, and did we mention that the US government paid for some of this?

Masnick’s article provides a link to more information in the story, He’s got the law (literally) in his hands, by Jina Moore and Glenna Gordon. While I find the situation extreme what strikes me first in Masnick’s piece is that it’s not unusual. So if people are actually going to try and copyright a law, why not a nanoparticle?

Coincidentally, China and India have made a proposal to eschew intellectual property rights with regard to green/clean technologies prior to the big climate talks during December (2009) in Copenhagen.  From the news item on Nanowerk,

As world leaders prepare for climate talks in Copenhagen next month, developing nations have tabled a controversial proposal which would effectively end patent protection for clean technologies.
China and India have floated the idea of making new green technology subject to ‘compulsory licensing’, which critics say amounts to waiving intellectual property rights.
The idea of adapting or liberalising patent rules for crucial new inventions which can help reduce carbon emissions is not new, but the EU and US are unhappy with compulsory licensing, fearing it would dramatically reduce the incentive for businesses to innovate and stifle green job creation.
Compulsory licensing has to date only been used in emergency situations where patent-protected pharmaceuticals were seen as prohibitively expensive. The Thai government used the mechanism to allow local medicines factories [to] produce HIV drugs at a fraction of the cost.

I’m guessing the reason that this item was posted on Nanowerk is that nanotechnology is often featured as an enabler of cleaner/greener products.

On a related theme, Andrew Maynard has posted his thoughts on the World Economic Forum that he attended last week in Dubai (from his Nov.22.09 posting),

Developing appropriate technology-based solutions to global challenges is only possible if  technology innovation policy is integrated into the decision-making process at the highest levels in government, industry and other relevant organizations.  Without such high-level oversight, there is a tendency to use the technology that’s available, rather than to develop the technology that’s needed.  And as the challenges of living in an over-populated and under-resourced world [emphasis mine] escalate, this will only exacerbate the disconnect between critical challenges and technology-based solutions.

The importance of technology innovation – and emerging technologies in particular – was highlighted by Lord Malloch-Brown in his closing remarks at this year’s Summit on the Global Agenda.  Yet there is still a way to go before technology innovation is integrated into the global agenda dialogue, rather than being tacked on to it

Maynard provides an intriguing insight into some of the international agenda which includes a much broader range of discussion topics that I would have expected from something called an ‘economic’ forum.  You can read more about the World Economic Forum organization and its latest meeting here.

I wasn’t expecting to find out more about London Olympics 2012”s digital cloud proposed project on Andy Miah’s website as I tend to associate him with human enhancement, Olympic sports, post humanism, and nanotechnology topics. I keep forgetting about his media interests. Here’s his latest (Nov.22.09) posting on the Digital Olympics (title of his new book) where he includes images and a video about the architectural project.

Canada’s published nano articles (part 3)…patents

The numbers of either articles or patents or both produced by one country or another suggest something about that country’s level of activity.  I am brutally summarizing some of M. Fatih Yegul’s data,  which will be presented at PICMET ’08 (www.picmet.org) in South Africa in late July and published in the proceedings under the title “Nanotechnology: Canada’s Position in Scientific Publications and Patents,” notes that Canada ranks 16th (just after Austria) in one study which examined global patent databases covering a 10 year period (1994 to 2004). That study listed the US as the leader with over 6700 patents while Canada registered slightly fewer than 100.

Two studies which focus on the patents filed with the US Patent and Trademark Office (USPTO) show Canada as ranking fifth overall. I guess a significant number of researchers don’t file their patents in the US hence the lower ranking when worldwide databases are used.  Interestingly, Canadians file more patents with the USPTO than they do with its Canadian counterpart.

There’s some information about the number of Canadian patents that get cited internationally, apparently we rank highly on that kind of an index especially with medical and biotechnology-related nanotechnology. (Aside: I love how the biotech guys are shifting their brand to nanotechnology. I’m not sure that’s going to help their problem, which is more profound than bad publicity associated with the old name.)

It’s all pretty interesting including the suggestion (based on a study that showed Canada as ranking 6th in numbers of science articles published from 1995-2005) that Canada is performing below its own average with regard to nanotechnology research.  There are no unequivocal conclusions to be had from all this data although I did get the impression that Canadians (whether you consider the level of scientific interest or government support) haven’t gotten that interested in nanotechnology yet.

Canada’s nano article numbers (part 1) and what happened to Martha Cook Piper?

M. Fatih Yegul (University of Waterloo) sent me info. about  his latest paper titled: “Nanotechnology: Canada’s Position in Scientific Publications and Patents” in answer to my question about numbers of articles published by Canadian researchers (as per my June 12 posting about the June 2008 editorial in Nature Nanotechnology’s analysis of various countries). He’ll be presenting his paper at the PICMET ’08 Conference in South Africa (website is www.picmet.org or click here) which will be published in the proceedings afterwards.

Yegul provides a very nice description of nanotechnology and its brief history and summarizes some of the policy issues succinctly. His quotes from multiple sources pointing out that Canada lacks a national nanotech strategy or coordination of effort confirmed my dawning suspicions. (I’ve been trying to find something definitive about Canadian nano for the last 1.5 years but most of the material is out of date and scattered wildly over various websites.)

I’ll talk about the numbers (some of them) tomorrow as Yegul has sliced and diced through a number of studies about published articles and patents and as you’d expect there are competing methodologies and acronyms that are unfamiliar to me.

Meanwhile, there was an announcement about Martha Cook Piper’s appointment to the Board of Trustees of the [Canada] National Institute of Nanotechnology (NINT) in April 2008 (see here).  Strangely, she’s not listed on the NINT website. You can find her predecessor, Preston Manning still listed (here), but no Martha. In fact, if you visit the website newsroom (here), you’ll find there’s no mention of her appointment or news of any kind since Sept. 2007. Hmmm….