I was going to write about a lighter topic for a first post. But I was inspired to discuss something a little deeper after listening to an interview of Dr. Lisa Cook<\/a> the other day. (The full NPR interview is available here<\/a>). In brief, she discusses \u201cblind spots\u201d in the economic theory that laws supporting innovation will always lead to more innovation. As Dr. Cook outlines, this theory is over-simplified to the point of being unreliable, for it ignores a host of other considerations:<\/p>\n Laws only work when enforced<\/p>\n<\/li>\n Laws that are designed to encourage action work best when applied equally<\/em><\/p>\n<\/li>\n Historical events undeniably shape behavior, and by extension, innovation<\/p>\n<\/li>\n An individual\u2019s general social environment shapes the ability to innovate<\/p>\n<\/li>\n<\/ul>[\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=”4.7.4″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.7.4″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.7.4″ _module_preset=”default” global_colors_info=”{}”] These considerations may seem intuitive, but Dr. Cook points out there is a surprising dearth of data discussing their impact on innovation and prosperity. I highly suggest you check our her research for yourself, but here are some data points from her work that are worth highlighting:<\/p>\n From 1860-1910 was the peak period for African American innovation (according to patent filings)<\/p>\n<\/li>\n Lynchings affected patent filings of African Americans significantly across the country, regardless of where the lynchings took place<\/p>\n<\/li>\n A sharp decline in U.S. patent filings by African Americans occurred after the landmark Supreme Court case Plessy v. Ferguson<\/a> (upholding the constitutionality of segregation in the United States)<\/p>\n<\/li>\n Segregation laws especially hurt electrical patents of African Americans, and those patents are generally considered to be the most valuable due to their complexity and higher allowance rates at the U.S.P.T.O.<\/p>\n<\/li>\n Another <\/em>sharp decline in U.S. patent filings by African Americans occurred after the Tulsa, Oklahoma massacre in 1921<\/p>\n<\/li>\n An estimation of \u201cMissing Patents\u201d \u2014those by African Americans that were not filed as a result of violence\u2014add up to roughly the same amount of patents issued by a medium-sized European country at the time<\/p>\n<\/li>\n In modern times, venture capital funding for innovation has a far greater impact on wealth developed from innovation than STEM education or laboratory time<\/p>\n<\/li>\n As a result of African Americans of being excluded in the U.S. innovation legal structure, the United States is losing 4.4% of GDP each year<\/p>\n<\/li>\n<\/ul>[\/et_pb_text][et_pb_text _builder_version=”4.13.0″ _module_preset=”default” global_colors_info=”{}”] Though not explicitly discussed in the interview, implicit in these data is that the ability to use the laws is just as important (if not, more so) as the laws themselves. For example, after Plessy<\/span>, laws were passed that pushed African Americans into substandard housing and schools, and\/or cut off access to public libraries, commercial districts, and forums where ideas were typically shared. Many African Americans lost their jobs where they were encouraged to innovate after Plessy as well. (It would be nearly impossible to get a patent filed if you couldn\u2019t talk to a lawyer, search patent registries, or live in a decent home.)<\/p>\n <\/p>\n Dr. Cook discusses system-wide approaches for encouraging innovation for African Americans, and hopefully people smarter than I am will adopt her proposals. On a more local level, I would also encourage innovators to check out some additional resources to gain access to legal services related to intellectual property protection:<\/p>\n <\/p>\n Educate yourself about alternative fee arrangements<\/a> so you can negotiate with your counsel about what budget makes sense for your project<\/p>\n<\/li>\n Explore incubator programs <\/a>in the Seattle area<\/p>\n<\/li>\n See if you qualify for the U.S.P.T.O.\u2019s patent pro bono program<\/a><\/p>\n<\/li>\n\n
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