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Colleen V. Chien

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Colleen V. Chien
Chien in 2019
Born (1973-09-10) September 10, 1973 (age 51)
Hartford, Connecticut, U.S.
EducationStanford University (BS, BA)
University of California, Berkeley (JD)
OccupationLaw Professor
EmployerUC Berkeley School of Law

Colleen V. Chien (born September 10, 1973) is an American legal scholar who is a law professor at UC Berkeley School of Law, where she teaches, mentors students, and conducts cross-disciplinary research on innovation, intellectual property, and the criminal justice system, with a focus on how technology, data, and innovation can be harnessed to achieve their potential for social benefit.

Early life, education, and early career

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Chien was born in Hartford, Connecticut, to immigrant parents from Taiwan.[1] She earned Bachelor of Arts and Bachelor of Science degrees in engineering from Stanford University, followed by a Juris Doctor from the UC Berkeley School of Law.[2]

Before becoming a professor, she worked as an attorney at the Silicon Valley law firm Fenwick & West and as an investigative journalist with the Philippine Center for Investigative Journalism as a Fulbright Scholar.[3]

Career

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From 2013 to 2015, she served as a senior advisor for intellectual property and innovation to Todd Park, the U.S. chief technology officer,[4] in the White House's Office of Science and Technology Policy (OSTP). In that role, her projects included transferring green technology out of the federal government,[5] using technology to improve education outcomes,[6] making more federal government data available,[7] open education resources,[8] and technology cooperation with China.[9]

Chien is best known for her patent scholarship, especially her work on patent “trolls” or patent assertion entities (PAEs). She coined the term PAE in a 2010 law review article,[10] and many lawmakers subsequently adopted the term.[11] She has published empirical studies on how patent litigation impacts startups[12] and venture capitalists,[13] and she has been a vocal proponent of reforming the patent system.[14]

Chien founded the Paper Prisons initiative,[15] which draws attention to the tens of millions of Americans unable to access employment, housing, voting, and resentencing opportunities available under the law, due to their past involvement with the criminal justice system. This project is based on her 2020 Michigan Law Review paper, America's Paper Prisons: The Second Chance Gap.[16]

Chien has also worked on patent quality issues,[17] including testifying before the Senate Judiciary Committee.[18]

In 2020, Chien was named a volunteer member of the Joe Biden presidential transition Agency Review Team to support transition efforts related to the Department of Commerce.[19]

Other activism projects she has been involved with include ActLocal[20] and Wall of Us.[21]

Awards

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In 2017, the American Law Institute awarded her the "Young Scholar Medal," given every-other-year to "one or two outstanding early-career law professors."[22] ALI said:

Her work on patent assertion business models – which rely on the use of patents to extract money from others rather than commercialize technology – has been the basis of studies and policy initiatives by the White House, the Federal Trade Commission, and Congress (in the America Invents Act), and the term has been referred to thousands of times by academic and news sources. Policy recommendations that she and her co-authors, in law review articles and other fora, have made have been adopted by the U.S. Supreme Court, in Congressional bills, at the US Patent and Trade Office, and by 32 states.

Other recognition she has received:

  • In 2017, the California State Bar's IP Section designated her as an "IP Vanguard" (in the academic category).[23]
  • In 2013, Managing Intellectual Property magazine named her one of the "Top 50 IP Thought Leaders in the World"[24] and said that her work has "led the debate in the US [on patent trolls] and been behind many of the recent proposals for reform."
  • In 2013, she was awarded the inaugural Eric Yamamoto Emerging Scholar Award by the Board of the Conference of Asian Pacific American Law Faculty (CAPALF)[25]
  • In 2013, she was named a Silicon Valley “Woman of Influence” by the Silicon Valley Business Journal,[26] which called her "one of the most quotable and frequently consulted commentators on the patent system" and said she is "a leader in the national community of intellectual property scholars."

References

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  1. ^ Shanyan, Wang (4 March 2017). "華裔錢為德 獲年輕學者獎" [Chinese American Qian Weide won the Young Scholar Award]. www.worldjournal.com (in Chinese). Archived from the original on 21 May 2017. Retrieved 10 May 2017.
  2. ^ "Colleen V. Chien". UC Berkeley School of Law. Retrieved 2023-08-23.
  3. ^ Colleen Chien Biography, Santa Clara University School of Law
  4. ^ Santa Clara Law Prof. Colleen Chien Joins White House Office of Science and Technology Policy, SCU, Sept. 13, 2013
  5. ^ "Accelerating Green Technology Transfer to Impact American Lives". 17 June 2014.
  6. ^ "Paying for Success to Transform Learning". 23 September 2014.
  7. ^ "White House Hosts Open Data Licensing Jam". 29 May 2014.
  8. ^ "Expanding Opportunity through Open Educational Resources". 14 March 2014.
  9. ^ "Outcomes of the Fifth US-China Innovation Dialogue". 13 August 2014.
  10. ^ From Arms Race to Marketplace: The New Complex Patent Ecosystem and Its Implications for the Patent System, Hastings Law Journal, Vol. 62, p. 297, December 2010
  11. ^ FTC-DOJ “Patent Assertion Entities” Workshop, December 10, 2012; Executive Office of the President, Patent Assertion and U.S. Innovation White Paper, June 2013; Leahy-Smith America Invents Act, 35 U.S. Code, sec. 34 (2012).
  12. ^ Startups and Patent Trolls, Stanford Technology Law Review (2013)
  13. ^ Patent Assertion and Startup Innovation Archived 2013-10-08 at the Wayback Machine, New America Foundation, Sept. 2013
  14. ^ Colleen Chien and Mark Lemley, Patents and the Public Interest, New York Times, December 13, 2011; Randall Rader, Colleen Chien and David Hricik, Make Patent Trolls Pay in Court, New York Times, June 4, 2013.
  15. ^ "The Paper Prisons Initiative". www.paperprisons.org.
  16. ^ Colleen V. Chien, America's Paper Prisons: The Second Chance Gap, 119 Mich. L. Rev. 519 (2020); see also Colleen Chien, Zuyan Huang, Jacob Kuykendall, and Katie Rabago, The Washington State Second Chance Expungement Gap (2020), Available at: https://digitalcommons.law.scu.edu/facpubs/971
  17. ^ Colleen V. Chien, Rigorous Policy Pilots: Experimentation in the Administration of Patent Law, 104 Iowa L. Rev. 2313 (2019); Rigorous Policy Pilots the USPTO Could Try, 104 Iowa L. Rev. Online 1 (2019)
  18. ^ "United States Senate Committee on the Judiciary". www.judiciary.senate.gov.
  19. ^ "Agency Review Teams". President-Elect Joe Biden. Archived from the original on 28 August 2022. Retrieved 10 November 2020.
  20. ^ "About". www.actlocal.network. Archived from the original on 2020-10-07.
  21. ^ "our mission is to make it simply irresistible for americans to become active participants in rebuilding our democracy". www.wallofus.org. March 21, 2018. Archived from the original on 2018-03-21.
  22. ^ "Young Scholars". American Law Institute. Archived from the original on 2017-03-02. Retrieved 2017-03-01.
  23. ^ "The State Bar of California". www.calbar.ca.gov.
  24. ^ "Top 50: Colleen Chien, Santa Clara University Law School". Managing Intellectual Property. 12 July 2013.
  25. ^ "Professor Colleen Chien Awarded CAPALF Yamamoto Emerging Scholar Award". Santa Clara Law. February 11, 2013.
  26. ^ Women of Influence: Colleen Chien, Santa Clara University, Silicon Valley Business Journal, April 5, 2013.
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