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This chapter provides evidence on how young technology startups are employing intellectual property (IP) protection when innovating and competing in the United States. Although researchers and teachers of university technology transfer often think only in terms of patents and the Bayh-Dole Act, this chapter suggests that adopting a more nuanced view of IP rights is appropriate. After reviewing the primary non-patent types of IP protection available in the U.S. (copyright, trademark, and trade secret), we explain that while patents are often considered the strongest protection, for some entrepreneurs – particularly those operating in the U.S. software and Internet sectors – patents may be the least important means of capturing value from innovation. We present evidence from the 2008 Berkeley Patent Survey to demonstrate that IP is used by U.S. startups in very different ways, and to different effects, across technology sectors and other company-specific characteristics. Contrary to the common assumption in academic discourse, we show that different forms of IP protection often serve as complements, rather than substitutes.

This chapter suggests that, while researchers and teachers of university technology transfer often think exclusively in terms of patents and the Bayh-Dole Act, we ought to adopt a more nuanced view of intellectual property rights (IPRs). In the text, I discuss the primary non-patent types of intellectual property (IP) protection, copyright, trademark, and trade secret, and argue that while patents are normally the “default” position when we think about protecting technologies and profiting from them, evidence suggests that patents are among the least important means of capturing value from innovation. Moreover, I suggest that while many consider that IP protections act as substitutes for one another, thinking about IPRs as complements is a more relevant approach to this issue. Adopting this more nuanced view better reflects reality and does a superior job of alerting our audiences to the opportunities available in the technology commercialization process.

This chapter examines the role of “continuations” (procedural revisions of patent applications) within software patents and overall patenting in the United States during 1987–1999. Our research represents the first effort of which we are aware to analyse data on continuations in software or any other patent class, and as such provides information on the effects of 1995 changes in the U.S. patent law intended to curb “submarine patenting.” Our analysis of all U.S. patents issued 1987–1999 shows that the use of continuations grew steadily in overall U.S. patenting through 1995, with particularly rapid growth in continuations in software patenting. Sharp reversals in these growth rates after 1995 suggest that changes in the U.S. patent law were effective. Continuations were used more intensively by packaged-software firms prior to the effective date of the 1995 changes in patent law than by other patentees, and both software and non-software patents subject to continuation tend to be more valuable.

Technological innovation is not simply invention, but rather is a process that includes all the steps from the decision to conduct research to the identification of opportunities and paths for that research to contribute to society through diffusion and commercial application. While scientific discovery is central, it is a single (albeit critical) piece of a complex process involving navigation of the business, legal, regulatory, and economic issues that define the innovation landscape.

The following bibliography focuses mainly on programs which can run on IBM microcomputers and compatibles under the operating system PC DOS/MS DOS, and which can be used in online information and documentation work. They fall into the following categories:

A collection of essays by a social economist seeking to balance economics as a science of means with the values deemed necessary to man′s finding the good life and society enduring as a civilized instrumentality. Looks for authority to great men of the past and to today′s moral philosopher: man is an ethical animal. The 13 essays are: 1. Evolutionary Economics: The End of It All? which challenges the view that Darwinism destroyed belief in a universe of purpose and design; 2. Schmoller′s Political Economy: Its Psychic, Moral and Legal Foundations, which centres on the belief that time‐honoured ethical values prevail in an economy formed by ties of common sentiment, ideas, customs and laws; 3. Adam Smith by Gustav von Schmoller – Schmoller rejects Smith′s natural law and sees him as simply spreading the message of Calvinism; 4. Pierre‐Joseph Proudhon, Socialist – Karl Marx, Communist: A Comparison; 5. Marxism and the Instauration of Man, which raises the question for Marx: is the flowering of the new man in Communist society the ultimate end to the dialectical movement of history?; 6. Ethical Progress and Economic Growth in Western Civilization; 7. Ethical Principles in American Society: An Appraisal; 8. The Ugent Need for a Consensus on Moral Values, which focuses on the real dangers inherent in there being no consensus on moral values; 9. Human Resources and the Good Society – man is not to be treated as an economic resource; man′s moral and material wellbeing is the goal; 10. The Social Economist on the Modern Dilemma: Ethical Dwarfs and Nuclear Giants, which argues that it is imperative to distinguish good from evil and to act accordingly: existentialism, situation ethics and evolutionary ethics savour of nihilism; 11. Ethical Principles: The Economist′s Quandary, which is the difficulty of balancing the claims of disinterested science and of the urge to better the human condition; 12. The Role of Government in the Advancement of Cultural Values, which discusses censorship and the funding of art against the background of the US Helms Amendment; 13. Man at the Crossroads draws earlier themes together; the author makes the case for rejecting determinism and the “operant conditioning” of the Skinner school in favour of the moral progress of autonomous man through adherence to traditional ethical values.