Construction of Patents as Social Objects

Construction of Patents as Social Objects PDF Author: Dana Xun Wang
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
Patents are widely regarded as a cornerstone of modern economies. This is evident in the discourse on the knowledge economy and the role of patents in the knowledge production function. Yet, few micro-level studies have examined how organizations and workers other than inventors routinely create patents. Furthermore, the meanings that social scientists have assigned to patents and patent data as representations and indicators of knowledge, search, and technology have not been substantiated. This interdisciplinary dissertation addresses these voids and examines patents as social objects. In my inductive study, I identify a social world around patents and subworlds that focus on the creation of patents as social artifacts, their utilization as representations and indicators, and their utilization as organizational resources. I find that contrary to the assumption that the inventor is the sole author of the patent, an invisible occupational field of participants shapes the invention that is embodied in the document over a four phase process. In my investigation of "References Cited, " I demonstrate that labels may not reflect what some think they mean. I find that the reference lists of patents are not like those in academic publications: only a fraction of the information listed under "References Cited" in a patent is cited in the text -- a finding that undermines the basis for the application of citation analysis to patents. Instead, the list is a product of information compliance. Participants are motivated by a legal duty to disclose categories of information and their response is shaped a host of strategic factors. Participants follow to the letter of the law when the law is unambiguous. When the law is ambiguous, they err on the side of caution: they disclose more information than may be necessary and selectively interpret information. Thus, the information in "Reference Cited" is a composite of different categories of information from many participants and legal concerns, not just the inventor or the examiner. This study raises questions about fundamental assumptions in studies that use patent data, namely the literature on knowledge flows, knowledge diffusion, organizational search, and ecological niches. To account for misalignment in meaning between subworlds of producers and engagers, I identify a three step model that leads to misalignment of meaning: lack of transparency and coordination during creation; incomplete objectivation; and selective mechanisms of engagement. Three conditions in the patent process contribute to missingness or absence in the final product. This absence creates opportunity for engagers to assign their own meanings. In the subworld that creates and uses patents, participants recognize that the primary purpose for creating patents is to fulfill organizational objectives. Because a patent is just one artifact in the life history of a resource, I identify a trajectory or a resource life cycle that encompasses the following phases: creation, development, deployment, and death. Through interaction with the institutional and dynamic environments, workers change resources over time, yielding different resource artifacts. When workers put these artifacts into use, the artifacts become resources-in-use. It is through the action and inaction of participants, that resources advance, retreat, fail to progress, and cease to exist. This study presents a dynamic account of individual resources shaped by agency and changing environmental conditions. This dissertation contributes to the sociology of intellectual property, economic sociology, information compliance, construction of resources, resource-based-view of the firm, organizational routines, and methodology in organizational studies and applied economies.

Construction of Patents as Social Objects

Construction of Patents as Social Objects PDF Author: Dana Xun Wang
Publisher:
ISBN:
Category :
Languages : en
Pages :

Get Book Here

Book Description
Patents are widely regarded as a cornerstone of modern economies. This is evident in the discourse on the knowledge economy and the role of patents in the knowledge production function. Yet, few micro-level studies have examined how organizations and workers other than inventors routinely create patents. Furthermore, the meanings that social scientists have assigned to patents and patent data as representations and indicators of knowledge, search, and technology have not been substantiated. This interdisciplinary dissertation addresses these voids and examines patents as social objects. In my inductive study, I identify a social world around patents and subworlds that focus on the creation of patents as social artifacts, their utilization as representations and indicators, and their utilization as organizational resources. I find that contrary to the assumption that the inventor is the sole author of the patent, an invisible occupational field of participants shapes the invention that is embodied in the document over a four phase process. In my investigation of "References Cited, " I demonstrate that labels may not reflect what some think they mean. I find that the reference lists of patents are not like those in academic publications: only a fraction of the information listed under "References Cited" in a patent is cited in the text -- a finding that undermines the basis for the application of citation analysis to patents. Instead, the list is a product of information compliance. Participants are motivated by a legal duty to disclose categories of information and their response is shaped a host of strategic factors. Participants follow to the letter of the law when the law is unambiguous. When the law is ambiguous, they err on the side of caution: they disclose more information than may be necessary and selectively interpret information. Thus, the information in "Reference Cited" is a composite of different categories of information from many participants and legal concerns, not just the inventor or the examiner. This study raises questions about fundamental assumptions in studies that use patent data, namely the literature on knowledge flows, knowledge diffusion, organizational search, and ecological niches. To account for misalignment in meaning between subworlds of producers and engagers, I identify a three step model that leads to misalignment of meaning: lack of transparency and coordination during creation; incomplete objectivation; and selective mechanisms of engagement. Three conditions in the patent process contribute to missingness or absence in the final product. This absence creates opportunity for engagers to assign their own meanings. In the subworld that creates and uses patents, participants recognize that the primary purpose for creating patents is to fulfill organizational objectives. Because a patent is just one artifact in the life history of a resource, I identify a trajectory or a resource life cycle that encompasses the following phases: creation, development, deployment, and death. Through interaction with the institutional and dynamic environments, workers change resources over time, yielding different resource artifacts. When workers put these artifacts into use, the artifacts become resources-in-use. It is through the action and inaction of participants, that resources advance, retreat, fail to progress, and cease to exist. This study presents a dynamic account of individual resources shaped by agency and changing environmental conditions. This dissertation contributes to the sociology of intellectual property, economic sociology, information compliance, construction of resources, resource-based-view of the firm, organizational routines, and methodology in organizational studies and applied economies.

Patents In Action

Patents In Action PDF Author: Dan L. Burk
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
In this paper I consider the construction of patents as social practices. The goal is to observe patents in action, that is, to catch patents in the act of becoming patents. This method of “following the action” is well established in the scientific arena, where the processes that lead from controversy to acceptance of stabilized scientific facts has been extensively explored. Given that patents share much of their form and language with technical literature, we might expect that patents also share many of the same mechanisms for semantic closure and stabilization. Indeed, much of the scholarship critiquing current patent practice implicitly assumes that the patent functions as a form of technical document.Careful consideration of the artifices by which a new patent is staged reveals parallels to the known staging of technical papers, including as the recruitment of rhetorical allies, semantic fortification against subsequent challenges, and trials of cognitive strength. In each situation, assertions about, respectively, science or innovation become coherent facts only if subsequent recipients are induced to accept them as such. But patents in action depart in significant respects from science in action. Patent formation employs its own decidedly non-scientific strategies for settling controversies and reaching closure. In particular, the patent is formed in a process that largely sidesteps the sociotechnical mechanisms of peer review and material experimentation, substituting instead a set of legal and procedural affordances intended to facilitate closure. Thus, following the action from which the stabilized patent is fabricated reveals the patent as a uniquely legal, rather than technical, social object.

The Mystery of Capital and the Construction of Social Reality

The Mystery of Capital and the Construction of Social Reality PDF Author: Barry Smith
Publisher: Open Court
ISBN: 0812699335
Category : Philosophy
Languages : en
Pages : 385

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Book Description
John Searle’s The Construction of Social Reality and Hernando de Soto’s The Mystery of Capital shifted the focus of current thought on capital and economic development to the cultural and conceptual ideas that underpin market economies and that are taken for granted in developed nations. This collection of essays assembles 21 philosophers, economists, and political scientists to help readers understand these exciting new theories.

A History of Intellectual Property in 50 Objects

A History of Intellectual Property in 50 Objects PDF Author: Claudy Op den Kamp
Publisher: Cambridge University Press
ISBN: 1108352022
Category : Law
Languages : en
Pages : 446

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Book Description
What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.

A Politics of Patent Law

A Politics of Patent Law PDF Author: Kali N. Murray
Publisher: Routledge
ISBN: 0415565170
Category : Business & Economics
Languages : en
Pages : 146

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Book Description
This book examines how national, regional and international patent law can better respond to the interests of a diverse set of non-profit and public interest entities, and be of more benefit to developing countries. The book sets out a "tool-box" of participatory mechanisms which would foster third party participation in the patent process.

Grounds of the Immaterial

Grounds of the Immaterial PDF Author: Niels van Dijk
Publisher: Edward Elgar Publishing
ISBN: 1786432501
Category : Law
Languages : en
Pages : 432

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Book Description
This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.

Identity, Invention, and the Culture of Personalized Medicine Patenting

Identity, Invention, and the Culture of Personalized Medicine Patenting PDF Author: Shubha Ghosh
Publisher: Cambridge University Press
ISBN: 1107011914
Category : Law
Languages : en
Pages : 231

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Book Description
This book provides an overview of developments in personalized medicine patenting and explores its normative implications to suggest policies to best regulate it.

Constructing Intellectual Property

Constructing Intellectual Property PDF Author: Alexandra George
Publisher: Cambridge University Press
ISBN: 1107014611
Category : Law
Languages : en
Pages : 435

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Book Description
This book examines the way in which this important area of law is constructed by the legal system.

Making and Unmaking Intellectual Property

Making and Unmaking Intellectual Property PDF Author: Mario Biagioli
Publisher: University of Chicago Press
ISBN: 022617249X
Category : Law
Languages : en
Pages : 476

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Book Description
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

A Critique of the Ontology of Intellectual Property Law

A Critique of the Ontology of Intellectual Property Law PDF Author: Alexander Peukert
Publisher: Cambridge University Press
ISBN: 1108750435
Category : Law
Languages : en
Pages : 219

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Book Description
Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.