Tag Archives: IP education

Experts at IPAS 2017 will explore growing disregard for IP rights

At a time when the value of IP rights under attack by businesses, individuals and the courts, the first IP Awareness Summit will examine the reasons and possible responses.

The Intellectual Property Awareness Summit, which will take place in Chicago on November 6, is the first conference to address the role of IP understanding – and the lack of it – in innovation, ideas and value creation.

IPAS 2017 (subtitle: Enhancing value through understanding) will examine what are acceptable behaviors on the part of IP holders and users, and consider the rapid rise in Internet IP theft and “efficient” patent infringement, as well as distinguish between legitimate and abusive licensing.

IPAS 2017 is being held by the Center for Intellectual Property Understanding (CIPU) an independent non-profit, and Chicago-Kent College of Law, Illinois Institute of Technology.

IP owners – including patent, copyright and trademark holders – organizations, executives, investors and inventors from several countries will be attending. For information about the program, panelists and partners, go here

For a post about the need for broader and better non-legal IP education on the IAM blog written by Manny Schecter, Chief Patent Counsel of IBM and a CIPU board member, go here.

For more information about the Center for IP Understanding, started in 2017, go here.

Conference attendance is by invitation. Persons who would like to request an invitation can write to registration@understandingip.org.

Image source: IPAS2017

Patents are rights, not privileges; Jefferson story is “historical myth”

Is it any wonder why patents are widely despised and holders mistrusted?

Patents and other IP rights have been caught in the perfect storm of anger towards the government, the entitled, and ideas too complex to fathom on Instagram.

Patents are difficult to explain and uncertain in nature. To many people they represent inscrutable and insurmountable barriers to entry that are erected with government sanction and controlled by an elite class of corporations, lawyers and speculators acting on their own behalf.jefferson-300x300

Ten-Second Lesson

Many people are introduced to the world of IP by nasty anti-piracy notices: two ten-second screens on the head of DVD and Blu-Ray discs that the viewer is forced to sit through.

That may or may not be an effective piracy deterrent, but it is a hell of a way to introduce viewers, especially young people, to copyright protection. It would not make a believer out of me. Surely, the government and motion picture industry can do better.

Such warnings are accompanied by an advisory that “For more information about how digital theft harms the economy, please visit, www.iprcenter.gov.”

I doubt that anyone (other than IP CloseUp) is dumb enough to actually visit the IPR Center. Did you know that it is home of National Intellectual Property Coordination Center, which is run by  the U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI)? I did not know that.

Its website explains that the IPR Center “stands at the forefront of the United States Government’s response to global intellectual property (IP) theft and enforcement of its international trade laws.”

Heavy Baggage

In “The perils of privilege” in the September issue of IAM Magazine (out next week) I weigh some of the heavy baggage that accompanies IP ownership, especially patents, which to this day still are confused with royal grants of authority bestowed by English monarchs.

“In reviewing primary historical sources in the eighteenth and nineteenth centuries, it is apparent that the Jeffersonian story of patent law [as privilege] is a historical myth,” writes George Mason Law Professor Adam Mossoff in a provocative 2007 article in the Cornell Law Review, “Who Cares What Thomas Jefferson Thought About Patents?”

banner1“Judge Rich once criticized labeling patents as monopolies due to the negative ‘emotional’ baggage that the term ‘monopoly’ carries with it. He recognized that ‘talk of the patent monopoly weds patents to prejudice, which is not conducive to clear thinking.’”

Modern patents are not privileges, but natural rights and may present an opportunity for the holder, in rare circumstances, to profit for a limited period of exclusivity in exchange for disclosing information about an invention. Patents are about sharing ideas to inspire more and better ones, and facilitating new and occasionally important improvements. They are natural rights, not monopolistic grants of privilege.

Blurred Lines

In a digital world, the line between ownership and fair-use continues to blur. Walking off with other people’s IP is as reflexive as going to the tap for a drink of water. To be fair, it is not always clear who owns what.

Violating the IP rights of others is more widely regarded as acceptable than perhaps at any time in American history. It is difficult to know who or what is responsible. One thing is for sure, educators and lawmakers are ill-equipped to answer the most fundamental questions about patents: why do they exist and whom do they benefit?

 

Image source: upfromslavery.com; iprcenter.gov

 

Engaging IP book for students is free via iBooks or PDF, $.99 Kindle

The US intellectual property system has been the envy of nations everywhere. Despite this, confusion reigns about what are patents and other IP rights, and whom do they serve.

A new book has been published that makes it easier for college students and non-IP professionals, including inventors, engineers and investors to understand how IP rights work in the real world and how they affect peoples’ lives.

In an increasingly digital, knowledge-driven economy, an understanding of IP rights needs to be part of a core curriculum. The Intangible Advantage: Understanding Intellectual Property in the New Economy serves that mission admirably.

Compiled by an all-star team of writers, jurists, lawyers and professors, The Intangible Advantage (TIA) explains in clear, non-technical prose how the IP system works and the many audiences (aka stakeholders) it benefits. TIA is a revealing journey through the history and practice of IP in the United States. It is the first comprehensive text book for students that explains the IP system’s strengths and weaknesses, and dispels many of the myths surrounding them.

Clear and Concise

Chief writer, David Kline, is co-author of Rembrandts in the Attic (HBS Press), the first serious book about patents for business managers and investors. Kline is a former Pulitzer-nominated war correspondent, who has contributed to many business and news publications.

Serving as the book’s executive editor was David Kappos, Under Secretary of Commerce and Director of the United States Patent and lockup-ipad-verticalTrademark Office, 2009 to 2013. Prior to that Mr. Kappos was chief IP counsel at IBM. Also integral to the project was Hon. Paul R. Michel, Chief Judge for the Court of Appeals of the Federal Circuit (CAFC) who sat for 22 years on the bench, from 1988 to 2010. CAFC is the the highest patent court.

Giving Back

The Intangible Advantage is published by the Michelson 20MM Foundation. Established by Dr. Gary K. Michelson, an inventor, a spinal surgeon who responsible for 340 issued US patents and 953 worldwide. Dr. Michelson sold his company for $1.35 billion to Medtronic in 2010 as a settlement in a patent dispute.

The Michelson 20MM Foundation supports and invests in leading edge entrepreneurs, technologies, models, and initiatives with the potential to improve post-secondary access, affordability, and efficacy.  Dr. Michelson also founded the Gary Michelson Medical Research Foundation, which since 1995 has supported forward thinking initiatives in medical science by leveraging the collaboration of engineers, scientists, and physicians to solve real world problems; rapidly moving medical advancements into our society.

Separating Truth from Myth

The Intangible Advantage is written with clarity and charm, a Kline’s trademark that can be found in the books and articles about IP that he has written under his own by-line and those he has co-authored. IP professionals as well as students will gain from the historical insights the book provides, such as that despite media and hoopla about “trolls,” patent trials have remained virtually flat at around 100 for 30 years.

Given the explosive increase in patent filing and grants — About 325,000 US patents were issued each in 2014 and 2015 alone, and there are literally millions in force — the number of disputes that go to trial is extraordinarily low — not what the media would have us believe.

static1.squarespaceWhat The Intangible Advantage does exceedingly well is explain the US patent system and how rights can be used productively. It reminds readers that the system exists to facilitate sharing information about new inventions and stimulate new business, not to keep inventions secret or deter commerce. US IP rights differ markedly from others, especially the 18th and 19th century English system, which was more closely associated with privilege and class. The book underscores that the US system strives to use IP, especially patents, to level power, not to wield it.

TIA is un-intimidating at just 287 pages (1320 KB), a good length for those who want to know more without getting into legal minutiae. The book is available at iBooks for free and on Kindle for just $.99. An inexpensive print-on-demand edition (under $10) is also available. I downloaded a copy to my Kindle in about 15 seconds and read it over several days.

Start Learning Now

For the free iBooks version, go here or to your iBooks app store.

For the 99 cent Kindle version, go here or to the Kindle store.

For the $6.68 print on demand version, go here.

For the free standard Widows PDF version, go here.

The main Michelson 20MM Foundation resource page provides additional information.

In addition to Kline, editorial credits include:

Randall E. Kahnke (Author), Robert G. Krupka (Author), Kerry L. Bundy (Author), David Kappos (Editor),Paul R. Michel (Editor), Phillip J. Kim (Editor), Mayra Lombera(Editor), Marisa S. Moosekian (Editor), Gary K. Michelson (Preface).

The book is accompanied by a series of 3-minute animated videos available on YouTube answering such common questions as “Can I Patent That?”“Is it Fair Use or Infringement?” and “What If Someone Infringes Your Trademark?

Education – the Future of IP

IP literacy is no longer an option, it is a requirement. A rudimentary understanding IP rights and the patent system is essential for individuals to excel in a knowledge-based economy.

Until recently intellectual property has been taught primarily in law schools or the occasional business school seminar. The history and use of US IP rights is an amazing success story, whose impact needs to be conveyed accurately to wider audiences, and repeatedly over time.

The Intangible Advantage – not to be confused with my 2015 book, The Intangible Investor – is the first IP text book for non-IP professionals, especially college students, that makes it easy to learn about an integral part of American history and commerce.

Image source: 20mm.org; michelsonip.com

March LES Meeting will Enable Attendees to Customize

The first-ever mid-year LES meeting featuring presentations by Judge James F. Holderman and former USPTO Commissioner David Kappos, will also be the first to provide six industry tracks that can be tailored by attendees to suit their interests.

Optimized for customization, the March LES meeting will take place in New York and give those LES members and non-members alike the opportunity to take part in a single sector program or to combine aspects of one or more sectors with broad networking options.

Participants will be able to spend the entire conference, March 26th and 27th at New York’s Crowne Plaza Times Square, focused solely in their sector of interest (Life Sciences; High Technology; Industry University Government Interface; Chemicals, Energy, Environmental and Materials; Consumer Products; or Legal) and then enjoy engaging with larger audiences at the evening networking events.

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For those interested in the views from the bench, the general program features David Kappos, Judge Holderman, and a panel of District Court judges, to share their views on what’s working and what’s not in today’s IP judicial system.

Meeting highlights include:

  • Workshop tracks for each LES Sector with the topics and speakers chosen by each sector
  • Confirmed speakers including licensing executives from: GE, Pfizer, National Institutes of Health, Columbia University and more.
  • Topics that range from “Green Energy” to “Initiatives to Accelerate Early-Stage Technologies from the Lab to the Market”
  • Keynote Luncheon Speaker: James F. Holderman, Senior United States District Judge for the United States District Court for the Northern District of Illinois speaking about “Remedies in Patent Infringement Litigation”
  • A “Mock Mediation of a Patent Licensing Dispute,” conducted by the World Intellectual Property Organization (WIPO)
  • A District Court Judges’ Panel offering “Judicial Insight Into Patent Infringement Litigation” that will also answer audience questions.

LES also will include optional education workshops on Tuesday afternoon for people who want to get a head start on the meeting.

Those who are in the New York area can drop in on Monday afternoon for the annual LES Foundation International Graduate Student Business Plan Competition, to see a glimpse of the future of the IP profession.  Teams from around the world present their IP-based business plan to a panel of internationally recognized judges.  All of the students are able to stay for the entire meeting to benefit from some of the networking opportunities and feedback on the ideas.

The Foundation provides mentors and coaches to help the teams round out their presentations, business and technology plans as they compete for over $100,000 in awards and in-kind prizes donated by LES members.

Illustration source: lesusacanada.org


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