Tuesday, November 03, 2009

KSR: the need to tell an extremely cool story

Back in June 2007, IPBiz noted that a response of patent practitioners to KSR v. Teleflex concerned the need to tell a good story of invention to the USPTO [the viewpoint of "KSR v. Teleflex is about telling an extremely cool story," as expressed on June 10, 2007 at "Spring Seminar 2007" (LAIPLA/SDIPLA). ]

More than two years later, at the BIO Corporate Counsels meeting in Washington DC (October 26-28, 2009), exactly the same point was made.

In passing, one notes that a former editor-in-chief of the journal Science also discussed story telling. From
Molecular Interventions 1:192-197 (2001) on Floyd Bloom:

His [Bloom's] subsequent research into the central nervous system similarly benefited from his ability not only to anticipate and formulate questions, the answers to which often required the development of new methods, technologies, and alliances, but also to place his findings in novel contexts where they could be conceptually appreciated and utilized. The prospect of telling good scientific stories was one of the factors that later drew Bloom to the position of Editor-in-Chief of Science magazine (1995-2000). While there, he was instrumental in widening the contexts in which the magazine presents science, and in shaping the ways that scientific information is electronically disseminated across the globe. Currently on sabbatical from Scripps, Floyd Bloom continues to explore, as CEO of a startup company in La Jolla, the entrepreneurial contexts in which his own research can be applied.

One notes that the journal Science, in the year 2000, published work of Jan-Hendrik Schon (which comprised great stories), which would later be retracted:

On October 31, 2002, Science withdrew eight papers written by Schön:

J. H. Schön, S. Berg, Ch. Kloc, B. Batlogg, Ambipolar pentacene field-effect transistors and inverters, Science 287, 1022 (2000)
J. H. Schön, Ch. Kloc, R. C. Haddon, B. Batlogg, A superconducting field-effect switch, Science 288, 656 (2000) [IPBiz note: In April 2000 in the journal Science (Science, 2000, 288, 656), Jan-Hendrik Schon of Bell Labs reported a realization of a field-effect device that allows switching between insulating and superconducting states, and his first footnote was to J. E. Lilienfeld, U.S. Patent 1,745,175 (1926).]
J. H. Schön, Ch. Kloc, B. Batlogg, Fractional quantum Hall effect in organic molecular semiconductors, Science 288, 2338 (2000)
J. H. Schön, Ch. Kloc, A. Dodabala-pur, B. Batlogg, An organic solid state injection laser, Science 289, 599 (2000)
J. H. Schön, A. Dodabalapur, Ch. Kloc, B. Batlogg, A light-emitting field-effect transistor, Science 290, 963 (2000)

[from IPBiz post
Have scientific journals learned from the fraud of Jan-Hendrik Schon?
via wikipedia]

Later, in the years 2004 and 2005, the journal Science would publish (and later retract) the fraudulent work of stem cell researcher Hwang Woo Suk.

Advice to patent practitioners: tell good stories, but always tell the truth.


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