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Difference between revisions of "2008 Berkeley Patent Survey"

(Related pages on {{SITENAME}}: * Statements from venture capitalists)
(Three explanatory articles by the authors: The same three authors published a further article one year later: * [http://www.patentlyo.com/patent/2011/08/guest-post-what-we-said-and-didnt-say-in-t)
 
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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.
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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]].
  
The paper published in the [[USA]] by [[Robert Merges]], [[Pamela Samuelson]], and [[Stuart Graham]].
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==Major findings==
  
[[EFF]]'s [[Bilski v. Kappos]] brief mentions that this survey found much lower patent ownership in software companies than in biotech or medical companies.<ref>http://www.eff.org/files/EFF%20etc%20amicus%20brief.pdf</ref>
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In a three-part series, authors Merges, Samuelson, and Sichelman highlighted key findings.
  
There's more interesting info in the abstract.
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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 startups (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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From an article written by two of the authors:
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<blockquote>
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''Among software companies, the results are even more striking, with them reporting that patents provide less than a "slight" incentive.''<ref>http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-ii-of-iii.html</ref>
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</blockquote>
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
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* [[Studies on economics and innovation]]
 
* [[Studies on economics and innovation]]
 
* [[Statements from venture capitalists]]
 
* [[Statements from venture capitalists]]
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* [[Why software is different]]
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* [[Patent owners against software patents]]
  
 
==External links==
 
==External links==
* http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1429049
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* The paper: [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1429049 High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey]
 
* [http://www.jasonmendelson.com/wp/archives/2010/05/76-of-venture-capitalists-believe-that-patents-are-important-not.php 76% of Venture Capitalists Believe that Software Patents are Important (NOT!)]
 
* [http://www.jasonmendelson.com/wp/archives/2010/05/76-of-venture-capitalists-believe-that-patents-are-important-not.php 76% of Venture Capitalists Believe that Software Patents are Important (NOT!)]
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** Response [http://www.patentlyo.com/patent/2010/06/guest-post-why-bilski-benefits-startup-companies.html?cid=6a00d8341c588553ef0133f1f1bbe6970b#comment-6a00d8341c588553ef0133f1f1bbe6970b from Ted Sichelman], disagreeing
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*** Counter-response [http://www.jasonmendelson.com/wp/archives/2010/06/bilski-redux-and-why-you-shouldnt-believe-everything-you-read.php from Jason mendelson]
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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]
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* [http://techcrunch.com/2010/08/07/why-we-need-to-abolish-software-patents/ Why We Need To Abolish Software Patents], Vivek Wadhwa (patent owner), discusses the Berkeley survey
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===Explanatory articles by the authors===
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Three of the authors (Merges, Samuelson, and Sichelman) published a three-part summary in July 2010:
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* [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]
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* [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]
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* [http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-iii-of-iii.html Patenting by Entrepreneurs (Part III of III): how to interpret the incentive effect findings]
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The same three authors published a further article one year later:
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* [http://www.patentlyo.com/patent/2011/08/guest-post-what-we-said-and-didnt-say-in-the-berkeley-patent-study.html What We Said (and Didn’t Say) in the Berkeley Patent Study], 5 Aug 2011
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===Further papers discussing this paper===
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* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1429049 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)
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* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1562678 Patenting by Entrepreneurs: An Empirical Study] - "''a focused analysis on the drivers of startup patenting''" (by Sichelman and Graham)
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* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1121224 Why Do Start-Ups Patent?] - "''some background on the genesis of the survey''" (also by Sichelman and Graham)
  
 
==References==
 
==References==

Latest revision as of 14:09, 6 August 2011

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.

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 startups (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

Explanatory articles by the authors

Three of the authors (Merges, Samuelson, and Sichelman) published a three-part summary in July 2010:

The same three authors published a further article one year later:

Further papers discussing this paper

References

  1. "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%." 
  2. http://www.eff.org/files/EFF%20etc%20amicus%20brief.pdf
  3. http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-ii-of-iii.html