Ron D. Katznelson

A Critique of Mark Lemley’s “The Myth of the Sole Inventor”

John Howells et al. — Fri, 09 Sep 2011 20:29:09 PDT

In a forthcoming article in the Michigan Law Review, Professor Mark Lemley advances a thesis that “the canonical story of the lone genius inventor is largely a myth” and describes a selection of pioneer inventions to support his thesis. We show that Lemley has many of his facts wrong. We examine his assertions and set the record straight in the pioneer invention cases of Edison, the Wright brothers, the Selden automobile patent vis a vis Ford, Watt and the steam engine and Fleming and penicillin. We are concerned with the errors in alleged historical and legal facts in what Lemley calls “lessons of history” and “realities of innovation” because these are used to argue that the patent system does not work as patent theory suggests. We show that Lemley’s major thesis that these inventions were made “near-simultaneously” by others has no basis in fact and show that patent law inherently ensures that patent protection is not extended to near simultaneous inventions. We illustrate that the lessons of history, when informed by consultation of relevant patents, legal decisions and patent law not only do not support Lemley’s central thesis, but offer valuable insights into how America’s historical patent system and innovation work together to foster development.

The Overhaul of U.S. Patent Law

Ron D. Katznelson — Sun, 21 Aug 2011 10:31:41 PDT

America Invents Act’s repeal of the secret commercial use bar is constitutionally infirm

Ron D. Katznelson — Sun, 15 May 2011 04:42:37 PDT

Brief of Amicus Curiae in Support of Affirmance

Ron D. Katznelson — Fri, 25 Mar 2011 21:15:41 PDT

Patent Reform 2010 - Selected Topics

Ron D. Katznelson — Wed, 15 Sep 2010 02:03:20 PDT

Patent Reforms Must Focus On The U.S. Patent Office

Ron D. Katznelson — Tue, 29 Jun 2010 11:08:10 PDT

Comments submitted to the US Patent Office on enhancing the quality of examination

Ron D. Katznelson — Sat, 13 Mar 2010 21:12:45 PST

Patent Examination Policy and the Social Costs of Examiner Allowance and Rejection Errors

Ron D. Katznelson — Sat, 06 Mar 2010 11:37:04 PST

My 2010 wishes for the U.S. Patent Examiner

Ron D. Katznelson — Fri, 08 Jan 2010 14:14:05 PST

Comments submitted to the US Patent Office on deferred examination for patent applications

Ron D. Katznelson — Fri, 05 Jun 2009 16:25:11 PDT

Letter on loss of grace period

Ron D. Katznelson — Tue, 07 Apr 2009 11:22:15 PDT

Trends in USPTO Office Actions

Ron D. Katznelson — Sat, 04 Apr 2009 01:19:16 PDT

Patenting Strategies Under a Proposed First-To-File Patent System

Ron D. Katznelson — Mon, 23 Mar 2009 14:57:52 PDT

Comments submitted to OMB under the Paperwork Reduction Act on US Patent Office appeal rules

Ron D. Katznelson — Wed, 24 Dec 2008 13:03:18 PST

The Perfect Storm of Patent Reform?

Ron D. Katznelson — Mon, 03 Nov 2008 12:46:58 PST

Ex Parte Letter in FCC Notice Of Proposed Rules on Consumer Electronics Compatibility

Ron D. Katznelson — Wed, 03 Sep 2008 18:15:22 PDT

Supplemental Reply Comments to FCC Notice Of Inquiry on Consumer Electronics Compatibility Rules

Ron D. Katznelson — Wed, 03 Sep 2008 18:09:37 PDT

Reply Comments to FCC Notice Of Proposed Rules on Consumer Electronics Compatibility

Ron D. Katznelson — Wed, 03 Sep 2008 18:03:50 PDT

Comments submitted to FCC Notice Of Proposed Rules on Consumer Electronics Compatibility

Ron D. Katznelson — Wed, 03 Sep 2008 17:46:36 PDT

Reply Comments to FCC Notice Of Inquiry on Consumer Electronics Compatibility Rules

Ron D. Katznelson — Wed, 03 Sep 2008 17:37:06 PDT