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Difference between revisions of "2008 Berkeley Patent Survey"
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==Major findings== | ==Major findings== | ||
| − | In a three-part series, authors Merges and | + | In a three-part series, authors Merges, Samuelson, and Sichelman highlighted key findings. |
The study found that while 97% of venture-backed startups in biotech have patents, only 67% of venture-backed software startups do, and among all software starts (regardless of their source of financial backing) the number drops to 25%.<ref>{{cite web|url=http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-i-of-iii-1.html|title=Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III)|quote=As expected, this figure varies widely by industry—for example, 97% of venture-backed biotechnology companies hold patents or applications, while only 67% of venture-backed software startups do. And among the general population of software startups responding, the rate was only about 25%.}}</ref> This information was used in [[EFF]]'s [[Bilski v. Kappos]] brief.<ref>http://www.eff.org/files/EFF%20etc%20amicus%20brief.pdf</ref> | The study found that while 97% of venture-backed startups in biotech have patents, only 67% of venture-backed software startups do, and among all software starts (regardless of their source of financial backing) the number drops to 25%.<ref>{{cite web|url=http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-i-of-iii-1.html|title=Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III)|quote=As expected, this figure varies widely by industry—for example, 97% of venture-backed biotechnology companies hold patents or applications, while only 67% of venture-backed software startups do. And among the general population of software startups responding, the rate was only about 25%.}}</ref> This information was used in [[EFF]]'s [[Bilski v. Kappos]] brief.<ref>http://www.eff.org/files/EFF%20etc%20amicus%20brief.pdf</ref> | ||
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**** Sichelman and Mendelson continue to debate their interpretations in the [http://www.patentlyo.com/patent/2010/06/guest-post-why-bilski-benefits-startup-companies.html Patently-o comments section] | **** Sichelman and Mendelson continue to debate their interpretations in the [http://www.patentlyo.com/patent/2010/06/guest-post-why-bilski-benefits-startup-companies.html Patently-o comments section] | ||
| − | ===Three explanatory articles by | + | ===Three explanatory articles by the authors=== |
| − | + | Three of the authors (Merges, Samuelson, and Sichelman) published a three-part summary in July 2010: | |
| − | + | ||
| − | + | * [http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-i-of-iii-1.html Patenting by Entrepreneurs (Part I of III): three major findings] | |
| − | + | * [http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-ii-of-iii.html Patenting by Entrepreneurs (Part II of III): three additional major findings] | |
| + | * (Part III still pending) | ||
===Further papers discussing this paper=== | ===Further papers discussing this paper=== | ||
Revision as of 10:21, 21 July 2010
The 2008 Berkeley Patent Survey showed that venture capitalists are not interested in software patents and that SMEs over estimate the importance of having patents. The paper was published in the USA by Robert Merges, Pamela Samuelson, Ted Sichelman, and Stuart Graham.
Contents
Major findings
In a three-part series, authors Merges, Samuelson, and Sichelman highlighted key findings.
The study found that while 97% of venture-backed startups in biotech have patents, only 67% of venture-backed software startups do, and among all software starts (regardless of their source of financial backing) the number drops to 25%.[1] This information was used in EFF's Bilski v. Kappos brief.[2]
From an article written by two of the authors:
Among software companies, the results are even more striking, with them reporting that patents provide less than a "slight" incentive.[3]
Related pages on ESP Wiki
External links
- The paper: High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey
- 76% of Venture Capitalists Believe that Software Patents are Important (NOT!)
- Response from Ted Sichelman, disagreeing
- Counter-response from Jason mendelson
- Sichelman and Mendelson continue to debate their interpretations in the Patently-o comments section
- Counter-response from Jason mendelson
- Response from Ted Sichelman, disagreeing
Three explanatory articles by the authors
Three of the authors (Merges, Samuelson, and Sichelman) published a three-part summary in July 2010:
- Patenting by Entrepreneurs (Part I of III): three major findings
- Patenting by Entrepreneurs (Part II of III): three additional major findings
- (Part III still pending)
Further papers discussing this paper
- High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey - "a detailed discussion of the survey results" (by the four authors of the study)
- Patenting by Entrepreneurs: An Empirical Study - "a focused analysis on the drivers of startup patenting" (by Sichelman and Graham)
- Why Do Start-Ups Patent? - "some background on the genesis of the survey" (also by Sichelman and Graham)
References
- ↑ "Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III)". http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-i-of-iii-1.html. "As expected, this figure varies widely by industry—for example, 97% of venture-backed biotechnology companies hold patents or applications, while only 67% of venture-backed software startups do. And among the general population of software startups responding, the rate was only about 25%."
- ↑ http://www.eff.org/files/EFF%20etc%20amicus%20brief.pdf
- ↑ http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-ii-of-iii.html
