296 BQ Another Patents 1AC - Patents 1AC DDI 2008...

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Patents 1AC DDI 2008 Berthiaume/Quinn MA 1AC We offer the plan- Resolved: The United States Supreme Court should, in a relevant test case, re- establish the TSM test for subject-matter patentability in the area of alternative energy. 1
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Patents 1AC DDI 2008 Berthiaume/Quinn MA 1AC Observation 1 is Inherency:  Supreme Court Raised the Bar for Obtaining a Patent Eric Raciti, former attorney for the commissioner of patents in the USPTO’s Office for Legislative and International Affairs Et. Al. 3-13- 08, Mondaq.com: < http://www.mondaq.com/article.asp?articleid=58318 > United States: Patent Standards And Investment In Alternative Energy Recently, the U.S. Supreme Court in KSR International, Co. v. Teleflex , Inc ., 127 S. Ct. 1727 (2007), the most important patent ruling in years, raised the bar for obtaining patents on new products that rely on new combinations of existing, publicly-known elements . If the combination results from nothing more than "ordinary innovation" and "does no more than yield predictable results," the Court reasoned, it is not entitled to the exclusive rights that a patent conveys. "Were it otherwise," Justice Kennedy wrote for the unanimous Court, "patents might stifle, rather than promote, the progress of useful arts." Because most inventions combine previously known elements, the Court’s more liberal approach to determining "obviousness" will almost certainly make U.S. patents harder to obtain and defend in litigation . "Granting patent protection to advances that would occur in the ordinary course without real innovation retards progress," Kennedy wrote. He added that such patents (based on only incremental improvements) were also undesirable because they might deprive earlier innovations of "their value or utility." Patent Procurement Rates in the Alternative Energy Sector Went Down as a Result Eric Raciti, former attorney for the commissioner of patents in the USPTO’s Office for Legislative and International Affairs Et. Al. 3-13- 08, Mondaq.com: < http://www.mondaq.com/article.asp?articleid=58318 > United States: Patent Standards And Investment In Alternative Energy Unfortunately for the emerging alternative energy market, the KSR decision has come at a potentially inopportune time, when patents and innovation are more prized than ever by investors . There has recently been a boom in the number of green-tech startups, companies that are developing environmentally friendly technology and products ranging from solar panels to energy- efficient fluorescent bulbs to bioengineered molecules that excrete biofuel. Venture capital and private equity new investment in clean technologies grew by 27% to $8.5 billion in 2007, according to the Cleantech Venture Network, a group that monitors venture capital investments in environmentally friendly technologies. Cleantech expects investment in the sector to reach $8.7 billion by 2009. However,
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This note was uploaded on 02/23/2012 for the course DEBATE 101 taught by Professor None during the Spring '12 term at University of California, Berkeley.

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296 BQ Another Patents 1AC - Patents 1AC DDI 2008...

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