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Intellectual Property

December 9, 2024
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It is impossible to overestimate the sensitivity of this topic but poke at it, we will.  At the moment, the less written here; the better.   Much of this domain is outside our wheelhouse; though it has settled on a few first principles regarding patents, trademarks and copyrights relevant to the user-interest we describe in our ABOUT.

Many large research universities have a watchdog guarding its intellectual property and trying to generate income from it, and; of course, for branding.  We will dwell on salient characteristics of the intellectual property domain with which we reckon daily — highlighting the market actors and the standards they have agreed upon.

Additionally, technical standards developers are generally protected by copyright law, as the standards they create are typically considered original works of authorship that are subject to copyright protection.  In the United States, the Copyright Act of 1976 provides copyright protection for original works of authorship, which includes technical standards. This means that the developers of technical standards have the exclusive right to reproduce, distribute, and create derivative works based on their standards, and others must obtain permission or a license to use or reproduce the standards.  

Some technical standards may be subject to certain exemptions or limitations under copyright law.  In the United States, there is a doctrine called “fair use” that allows for limited use of copyrighted works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, without the need for permission or a license from the copyright owner.  Almost everything we do at Standards Michigan falls under the fair use doctrine.  This is why we have no search feature and most pages are protected.  If we err in this; let us know.  

Innovation management

Why The U.S. And China Fight Over IP

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  1. Patent Act: This is the primary federal law governing patents in the United States. It sets forth the requirements for obtaining a patent, the rights of patent owners, and the remedies available for infringement.
  2. The Sherman Antitrust Act of 1890 and the Clayton Antitrust Act of 1914 prohibit anticompetitive behavior in the marketplace, including the use of codes and standards to exclude competition.
  3. Title 37 of the Code of Federal Regulations: This contains the rules and procedures related to patents, including rules governing the filing and examination of patent applications.
  4. America Invents Act: This is a major overhaul of the U.S. patent system that was enacted in 2011. It includes provisions such as the transition to a “first-inventor-to-file” system and the creation of new post-grant review procedures for challenging the validity of patents.
  5. Manual of Patent Examining Procedure: This is a guidebook for patent examiners that provides detailed information on the rules and procedures for examining patent applications.
  6. Everett Rogers: Diffusion of innovations
  7. Copyright Law of the United States (Title 17)

 

Protection of Intellectual Property in the Supply Chain

ASTM International Intellectual Property Policy

Healthcare Standards Institute IP Policy

International Code Council Copyright Protection

IEEE Patent Policy

NFPA Regulations and Policies

Underwriters Laboratory Patent Policy

 

Intellectual Property 101

Innovation – Market Acceptance – Standardization – Human Right

Innovation and Competitiveness in Artificial Intelligence

December 9, 2024
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The International Trade Administration (ITA) of the U.S. Department of Commerce (DOC) is requesting public comments to gain insights on the current global artificial intelligence (AI) market. Responses will provide clarity about stakeholder concerns regarding international AI policies, regulations, and other measures which may impact U.S. exports of AI technologies. Additionally, the request for information (RFI) includes inquiries related to AI standards development. ANSI encourages relevant stakeholders to respond by ITA’s deadline of October 17, 2022.

Fueling U.S. Innovation and Competitiveness in AI: Respond to International Trade Administration’s Request for Information

Commerce Department Launches the National Artificial Intelligence Advisory Committee

 

2025 National Patent Application Drafting Competition

December 9, 2024
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https://www.uspto.gov/about-us/events/2025-national-patent-application-drafting-competition?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

 

Thomas Jefferson was the leader in founding the United States Patent Office. Jefferson was a strong supporter of the patent system and believed that it was essential for promoting innovation and progress in the United States. As the first Secretary of State Jefferson was responsible for implementing the country’s patent system.

Article I, Section 8, Clause 8 of the United States Constitution reads as follows:

“The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

In 1790, Jefferson drafted the first Patent Act, which established the procedures for applying for and granting patents. The act also created the United States Patent Office as a government agency to oversee the patent system. Jefferson appointed the first Patent Board, which was responsible for reviewing patent applications and making recommendations to the Secretary of State.

Jefferson was deeply involved in the early development of the Patent Office and was instrumental in shaping its policies and procedures. He believed that the patent system should be accessible to all inventors, regardless of their social or economic status, and he worked to streamline the patent application process to make it more efficient and user-friendly.

In recognition of his contributions to the development of the patent system, Jefferson is often referred to as the “Father of American Innovation.”

This clause grants Congress the authority to establish a system of patents and copyrights to protect the intellectual property of inventors and authors. The purpose of this system is to encourage innovation and creativity by providing inventors and authors with a temporary monopoly on their creations, allowing them to profit from their work and invest in future projects. The clause also emphasizes the importance of promoting the progress of science and the useful arts, reflecting the belief of the founders that the development of new technologies and inventions was essential for the growth and prosperity of the United States.

Over the years, the Patent Office has played a crucial role in the development of the United States as a technological leader, granting patents for inventions ranging from the telephone and the light bulb to the airplane and the computer. Today, the Patent Office is part of the United States Department of Commerce and is responsible for examining patent applications and issuing patents to inventors and companies.

Welcome to the 2025 National Patent Application Drafting Competition!

2024 National Patent Application Drafting Competition

Intellectual Property in the Age of Open Source

December 9, 2024
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Innovation management

Readings / FRAND licensing in an Unwired world

Protection of Intellectual Property in the Supply Chain

“Cantique de Jean Racine” Gabriel Fauré.

December 8, 2024
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Gabriel Fauré’s “Cantique de Jean Racine” is a choral work composed in 1865 when Fauré was 19. Written for a four-part choir, it’s a setting of a Latin text by the 17th-century French playwright Jean Racine, which reflects a deep, devotional tone. The text is a hymn of praise and supplication, asking for divine grace and mercy.

Fauré’s composition is noted for its lyrical beauty and sophisticated harmony, showcasing his early mastery of choral writing. The piece begins with a serene, flowing melody in the sopranos, which is then developed and harmonized throughout the choir. The work features lush, rich chords and a gentle, flowing rhythm, characteristic of Fauré’s style, blending simplicity with depth. Its mood is one of quiet contemplation and reverence, aligning with the text’s themes of divine worship and reflection.

 

Qu’est-ce qu’une nation?

December 8, 2024
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Ernest Renan (1823-1892) was a French philosopher, historian, and scholar of religion. He is best known for his work on nationalism and the relationship between language, culture, and identity.  The language of technology– and the catalog of codes, standards, guidelines, recommended practices and government regulations rest upon a common understanding of how things can and should work separately.  The essay is widely cited:

Qu’est-ce qu’une nation ?

What is a Nation ?

What is a Nation ?

In our domain we routinely see technical agreement and disagreement among stakeholders resolved, or left unresolved because of definitions — even when discussion is conducted in English.  We keep the topic of language (Tamil (மொழி) — since it is one of the most widely spoken languages on earth) on our aperiodic Language colloquia.  See our CALENDAR for the next online meeting; open to everyone.

Université Paris 1 Panthéon-Sorbonne

C’est quoi ?

La Loi Ne Fait Plus Le Bonheur

Normalisation volontaire en électrotechnologie

AFNOR: Norme NF C 15-100

National Electrical Codes

English and French are the two most prominent diplomatic languages, especially in historical and international contexts. They have long been the primary languages of diplomacy due to their widespread use in international organizations and historical influence.

English: Dominates in modern diplomacy, international law, and global organizations. It is the working language in many international forums, including the United Nations, NATO, and the Commonwealth of Nations.

French: Traditionally known as the “language of diplomacy,” French was the dominant diplomatic language until the 20th century. It remains a significant language in international relations, particularly within the United Nations, the European Union, and many African nations.

While other languages like Spanish, Arabic, Russian, and Chinese are also used in diplomatic contexts and are official languages of the United Nations, English and French are the most universally recognized and utilized in diplomatic settings.

Alexis de Tocqueville on the Foundations of American Democracy

December 8, 2024
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Alexis de Tocqueville was born in Paris and came from a prominent lineage, with his father serving as a royalist prefect under the Bourbon restoration.

In 1831, at the age of twenty-five, Alexis de Tocqueville made his fateful journey to America, where he observed the thrilling reality of a functioning democracy. From that moment onward, the French aristocrat would dedicate his life as a writer and politician to ending despotism in his country and bringing it into a new age.



Quotes from Alexis de Tocqueville’s “Democracy in America”:

  1. “The greatness of America lies not in being more enlightened than any other nation, but rather in her ability to repair her faults.”
  2. “Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.”
  3. “In democratic ages, human beings rarely sacrifice themselves for one another voluntarily; they almost always do so because they are impelled to by some power outside themselves.”
  4. “Despotism often presents itself as the repairer of all ills suffered, the support of just rights, defender of the oppressed and founder of order.”
  5. “The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage.”
  6. “I do not know if the people of the United States would vote for superior men if they ran for office, but there can be no doubt that such men do not run.”
  7. “The most dangerous moment for a bad government is when it begins to reform.”
  8. “The Americans combine the notions of Christianity and of liberty so intimately in their minds that it is impossible to make them conceive the one without the other.”
  9. “The will of man is not shattered, but softened, bent, and guided; men are seldom forced by it to act, but they are constantly restrained from acting. Such power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, extinguishes, and stupefies a people, till each nation is reduced to nothing better than a flock of timid and industrious animals, of which the government is the shepherd.”
  10. “Americans combine the notions of Christian morality and of liberty so intimately in their minds that it is impossible to make them conceive the one without the other.”
  11. “In the United States, the most enlightened are the most religious; and the most religious are the most enlightened.”
  12. Americans of all ages, all conditions, and all dispositions constantly form associations… Wherever at the head of some new undertaking you see the government in France, or a man of rank in England, in the United States you will be sure to find an association.”

 

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