Tag Archives: patents

Authors to DOJ: “Strong patent rights are vital to U.S. economic and security interests”

June 25, 2018 by Bruce Berman 2 Comments

The United States Supreme Court and the Congress have moved to weaken patents over the past seven years without realizing the inherent danger to national interests.  

“Strong patents rights are vital to the economic and national security interests of this country,” say James Rill and David J. Teece in an article published last week, “The DOJ must Exalt Intellectual Property Rights,” in RealClear Markets.

The article states that the U.S. Department of Justice must use its power to move intellectual property rights like patents into mainstream acceptability, and prevent them from being undermined “under the guise of anti-competitive behavior.”

Authors James Rill, Senior Counsel at Baker & Botts, served as Assistant Attorney General for Antitrust at the U.S. Department of Justice; David J. Teece is Professor in Global Business and director of the Tusher Center for the Management of Intellectual Capital at the Walter A. Haas School of Business UC Berkeley and a renowned economist.

“Assistant Attorney General Makan Delrahim’s recent policy statements and enforcement actions have re-asserted the historical value of intellectual property rights,” say Rill and Teece.

“He has suggested that the value of these rights have been inappropriately curtailed by the misapplication of antitrust principles, which could threaten the future of U.S. innovation efforts. As a result, AAG Delrahim has begun to restore the balance between antitrust and intellectual property rights, and has moved this important issue to the forefront of antitrust discourse.”

For the full article, go here.

Better Incentives Needed

Also published last week by Professor Teece in Competition Policy International, is a related in-depth article, “Enabling Technology, Social Returns to Innovation, and Antitrust: The Tragedy Of Depressed Royalties.” 

“Empirical studies show that almost all classes of R&D activity are under-supported,” argues Professor Teece. “Two in particular are grossly under-compensated: (a) basic research and (b) enabling (or general purpose) technologies… consideration needs to be given to amplifying, not diminishing, incentives for upstream investment in R&D. Such investment is perhaps among the most precious that society makes.”

Teece cites Nobel Laureate economist Douglass North on the impact of innovation incentives:

Throughout man’s past he has continually developed new techniques, but the pace has been slow and intermittent. The primary reason has been that the incentives for developing new techniques have occurred sporadically. Typically, innovations could be copied at no cost by others and without any reward to the inventor or innovator.

Recent efforts to enlist antitrust as a lever against patents, says Professor Teece, “have threatened to undermine incentives for R&D in several important areas.”

Subtle, theory-based antitrust arguments around patent “hold up” are a handy disguise for implementers and antitrust agencies to use to under-reward and thereby under-incentivize legitimate innovators.

Image source: cjnotebook.com; wsj.com

 

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Can the U.S. compete with China without a focused innovation policy?

May 29, 2018 by Bruce Berman 0 Comments

More nations today have an innovation policy than do not – that is except for the U.S. 

The U.S. not only has no centralized innovation and intellectual property policy, it has no real strategy for making IP rights more meaningful and American businesses more competitive in the wake of initiatives from China.

Some believe it is not the job of policymakers to tinker with free-markets or favor certain industries. Well, that may have worked in the past, but with China committed to dominating global innovation – and with unlimited capital – the U.S. must reexamine its strategies.

What it is not supposed to do is assume that it is business as usual.

The United States has a tendency to repeat past mistakes, such as in the case of so-called “Japan, Inc.,” which devastated the auto and electronics industries with more advanced products. It is currently contending with China, which has approximately ten times the population of Japan and has quadrupled its investment in technology over the past decade.

“US innovation policy: Time for a makeover,” a fresh take on dealing with competition in the Intangible Investor, can be found in the July IAM magazine, out this week, here.

Innovation policy in the United States is mostly a series of suggested strategies and directives from several government agencies and industry organisations primarily designed to address foreign IP infringement (i.e., theft). It is often tied to science and economic policy, and is typically reactive – not proactive.

“Better innovation policy not only permits established industries to compete,” says the Intangible Investor, “it facilitates success for the next generation of inventors, authors, designers and software developers. It also helps to supply context for a confused and wary public susceptible to false media narratives – intellectual property is not the enemy, nor are rights holders and lawyers.”

Enforcement is Not Policy

Trump’s anger about China IP violations, justified or not, does not constitute an innovation policy. Innovation policy is not just about enforcement or supporting the science, technology, engineering and math (STEM) curriculum for the next generation of inventors. It is about understanding the current economic and political context and responding as a nation.

“The FAANGs, and others, who dominate the competition and monetize their customers’ information, often without permission, realize they are increasingly symbols of bad business behavior,” Bruce Berman wrote recently in IP Watchdog. “The heat they feel from regulators in Europe and the U.S. will continue to rise.

“IP infringement will come to be seen as an increasingly important part of their bad behavior. The timing is perfect for them to step back and step up and show the leadership they heretofore have ignored regarding IP rights. Movement toward a responsible IP middle ground – a less entrenched position that recognizes others’ rights and actively conveys a greater willingness to share successes, not only defend them, will help to inform a meaningful IP policy.”

Quick-Reading Guide

For further background on U.S. innovation policy, read a timely and insightful perspective on U.S. innovation policy from James Goh, a young Wharton student from Singapore, “Primer: Innovation Policy in the United States.” 

For a linked quick-reading list about innovation and IP policy from the Center for IP Understanding, go to page 4.

Image source: q3research.com; breakinggap.com

 

 

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$88.3M (CD) for Canadian IP literacy and tools via new strategy

May 21, 2018 by Bruce Berman 0 Comments

The Canadian government has announced that it is investing $88.3M CD in a new IP strategy that incorporates tools and education, and improves literacy. Canada’s population is approximately one-tenth of that of the U.S.’

The government wants to help business, creators, entrepreneurs, and investors better understand, protect and access intellectual property (IP) through a comprehensive IP Strategy. The full story can be read on IP Watchdog.

Legislation, Literacy, Advice

The IP Strategy will make changes in three key areas: Legislation, Literacy, and Advice, according to a statement and Canada’s IP Strategy website.

The Canadian government announcement said that intellectual property is a key component of an innovation economy. It helps Canadian innovators reach commercial success, further discovery and create middle-class jobs by protecting their ideas and ensuring they reap the full rewards of their inventions and creations.

Canada’s IP Strategy will help Canadian entrepreneurs better understand and protect intellectual property and also provide better access to shared intellectual property. Canada is a leader in research, science, creation, and invention, but has lagged in commercializing innovations.

The new IP strategy received praise from a range of industries, from aerospace to biotech to entertainment.

A suite of seminars, training and information resources on the subject of intellectual property (IP) is tailored for businesses and innovators. As part of the “Literacy and Advice” section of IP Strategy, the Canadian IP Office (CIPO) will:

  • Launch a suite of programs to help improve IP literacy among Canadians.
  • Support domestic and international engagement between Indigenous people and decision makers as well as for research activities and capacity building.
  • Provide tools to support Canadian businesses as they learn about IP and pursue their own IP strategies.

Copyright Awareness

Earlier this year, the UK IP Office (UK IPO) introduced a copyright awareness program with a series of educational animations for students seven to eleven-years-old.  “Nancy and the Meerkats,” under the Cracking Ideas initiative, met with nasty opposition from media like Techdirt and Torrent Freak. They believe that helping children to understand IP right from wrong is a little more than brainwashing. These publications often have an IP axe to grind and believe that content and code should be broadly shared, and that piracy is not necessarily theft.

“UK Teaches 7-Year-Olds that Piracy is Stealing” was the title of the Torrent Freak article, implying that it is not. Piracy is not OK, even if some coders, content providers, and patent infringers believe it is. A BBC story attempted to sort things out, but the negative publicity appeared to put the educators on the defensive when it is the infringers who should be. Teaching children IP right from wrong is part of good parenting.

Image source: ic.gc.ca

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Patents for Financial Services Summit to examine IP system health

May 7, 2018 by Bruce Berman 0 Comments

The 15th Annual Patents for Financial Services Summit will gather patent and IP counsel, as well as senior financial executives, to discuss recent trends in financial patent litigation, value, and patentability.

The Summit will be held July 25-26 at the Sheraton Times Square in New York. Presentations include updates on CBMs, IPRs, Oil States vs. Greene, FinTech patents, and strategies to navigate the current IP landscape.

This year’s keynote is Hon. Susan Braden, Chief Judge, U.S. Court of Federal Claims. The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. It rules on patent and copyright claims against the government, among other areas.

IP CloseUp readers receive a $200 discount when they use registration code IPC2XX.

Financial and Tech Leaders

Heads of IP, patents or senior IP executives from leading financial institutions and technology companies will be speaking. They include MasterCard, Citigroup, The Hartford, Wells Fargo and JP Morgan Chase. Additionally, the Clearing House Payments Corporation (a consortium of leading banks) will be represented, as will IBM, by Chief Patent Counsel, Manny Schecter.

American Express, Royal Bank of Canada, Visa and Microsoft also will have representatives serving as panelists. Joe Matal, former Acting Director of the USPTO and 2017 PFFS Summit keynote, is a member of the “101: panel.”

Panels titles include:

  • Assess the Health of the U.S. Patent System and Discuss the Erosion of Patent Rights
  • Embrace Change at the PTAB
  • Bitcoin, Alt Coin, and Tokens: A Primer on How Intellectual Property Laws Relate

SPOTLIGHT SESSION:
Pursue §101 Eligibility Reforms

  • IP Considerations for the Digital Transformation of the Financial Services Industry
  • Identify Opportunities for Partnering with FinTech Companies
  • Predict the Future of Cryptocurrencies
  • Explore the Patent Issues Confronting Artificial Intelligence

For the complete program, go here. To register, go here. 

Image source: PatentVue.com

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Reactions to Oil States show that patent due process is not dead

April 30, 2018 by Bruce Berman 3 Comments

Two days before World IP Day, on April 24, the Supreme Court of the United States relinquished significant judicial authority for patents to the executive branch in Oil States Energy v. Greene’s Energy.   

This decision upheld the constitutionality of the Patent Trial and Review Board. The Wall Street Journal stated in a thoughtful and uncharacteristically nuanced commentary, “This process [the inter partes review] was intended to discourage frivolous patent litigation, but is susceptible to political bias.”

Oil States overturns 200 years of judicial precedent and allows the federal government to revoke patents. Dissenting were Justice Gorsuch, President Trump’s appointee, and Chief Justice John Roberts.

” …the purpose of patents, which is to encourage innovation and reward investment, will be undermined if they can be nullified without due process and hearing before an Article III judge,” the WSJ concluded.

The WSJ’s editorial page got it right, even if SCOTUS did not.

Sin of Omission

James Carmichael and Brad Close writing in IP Watchdog, “Despite Oil States, IPRs May Still be Unconstitutional,” reminds patent holders that the Court, by its own admission (or should that be “omission”?), ruled on a very narrow area of law and may have left the door open to further decisions that will strengthen patents.

“What was unfortunately never addressed in Oil States, and which the court specifically left the door open for, was that patents rights are still property rights for the purpose of Due Process–the inference being that IPRs may fail under the Due Process or Takings Clause.  Indeed the court seemed to lament that Oil States did not challenge the retroactive application of IPRs and their constitutional sufficiency on a broader basis.”

Carmichael and Close cite the justices tone in their written decision:

We emphasize the narrowness of our holding. We address the constitutionality of inter partes review only… our decision should not be misconstrued as suggesting that patents are not property for the purpose of the Due Process Clause or the Takings Clause.

Justice Gorsuch wrote that until recently, most everyone considered an issued patent a personal right—no less than a home or farm—that the federal government could revoke only with the concurrence of independent judges.

Dig In

Oil States did not go well for patent holders, but that was no surprise. What was somewhat unexpected was a strong stance from the US’ leading business periodical, the Wall Street Journal, about the shortsightedness of the Court’s decision, and that the Chief Justice and another member of SCOTUS also were not in favor of constitutionality for PTAB reviews.

Further judicial review of patents and patentability, if not the PTAB and IPRs, is order. If nothing else, Oil States puts a greater burden on USPTO Director Iancu to step-up and de-politicize PTAB administrative procedures and judges.

Despite the obvious loss, Oil States may prove to be the best reason for patent holders to dig in.

Image source: yahoo.com; law.com

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59% of blockchain patents are owned by developers; BofA and IBM dominate financial and tech players

April 24, 2018 by Bruce Berman 0 Comments

More than half of U.S. blockchain patents are owned by blockchain-specific developers, while 20% are owned by financial institutions, led by Bank of America (see pie chart below).

Number three, Fidelity, has about a third as many patents as BofA. Number two, MasterCard, some 50% fewer.

13% are owned by traditional technology businesses, led by IBM, which owns more than three times the next biggest tech holder, Dell.

This is according to the findings of a report prepared by Envision IP, an IP law firm specializing in patent research, as reported in the April Managing Intellectual Property.

According to another report, China claims to have more than twice as many companies than the U.S. in the blockchain top 100 patentees.

Outside of IBM, which supports many banks, leading technology companies like Google, Intel and Microsoft have been slow to pursue blockchain patents. MasterCard, which has 27 blockchain patents, the same number as IBM, is dubious about the reliability of crypto-currencies, such as bitcoin. This 2014 video explains some of the credit card business’ reservations. The firm’s thinking may have evolved.

MasterCard processes over $4 Trillion ($4,000,000,000,000) in more than 38 billion transactions each year, reports The Art of Not Being Governed, a bitcoin blog.  On each of those 38 billion transactions, MasterCard assesses fees to the merchant, accepting the payment. These range from .11% to .80% of the total, plus various fixed amount fees for each transaction. All told, it averages out to about 2% of every transaction.

“Bitcoin, on the other hand, charges little to no fees, and as such, poses a direct threat to MasterCard’s business,” says the blog, which reports that in 2014 someone moved $80 million on the Bitcoin network for a fee of $.04 (4 cents).

For the full Envision IP report, go here.

Image source: Managing Intellectual Property; Envision IP

 

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USPTO Director Iancu will keynote 2018 IPBC Global in San Francisco

April 17, 2018 by Bruce Berman 0 Comments

An impressive group of speakers, sponsors and supporters, led by USPTO Director and Undersecretary of Commerce, Andrei Iancu, will be featured at the 11th global Intellectual Property Business Congress in San Francisco, June 10-12 at the Palace Hotel.

Director Iancu has indicated that he will support the long-awaited move to greater certainty in the U.S. patent system.  In a recent speech to the U.S. Chamber of Commerce he said that “reclaiming our (U.S.) patent leadership is within reach.”

Attendees will be eager to hear about Director Iancu’s strategy for attaining this and other goals.

IPBC Global 2018 plenary’s and panels include:

  • Will the U.S. Continue to Lead in IP?
  • CIPO Scenarios: The Good, Bad and Ugly 

IP CloseUp editor, Bruce Berman (that’s me), will be a member of the patent quality panel:

  • Is patent quality a distraction? – all that really matters is patent eligibility

    -What is a quality patent?
    -Controversy around eligibility
    -The importance of predictability

For the AI panel, participants will include Bart Eppenauer, former Chief Patent Counsel at Microsoft and William LaFontaine, General Manager, IP, IBM.

  • The World of Artificial Intelligence 

For the IPBC Global 2018 program, go here.

For the full list of speakers and their biographies, go here.

To register, go here.

Image source: ipbc.com; ipwatchdog.com

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Family Entertainment: This “Rube” saw the future and its foibles

April 10, 2018 by Bruce Berman 0 Comments

San Francisco-born Reuben Garrett Lucius “Rube” Goldberg, an American cartoonist, sculptor, author, engineer, and inventor, best known for satirical cartoons that depicted complicated devices that performed simple tasks in creatively complex ways.

But Goldberg, born on July 4, 1883, was also a visionary, who saw the impact of personalized communications decades before it occurred. His Forbes cover,“After Color TV: The Future of Home Entertainment,” from March 15, 1967 (below) depicts a family with each member engaged with its own mostly flat screen and targeted content – including the baby and cat. Recall that in 1967 the idea of the color TV, aka “talking furniture,” was still relatively new.

Future Family: Alone Together

Note the types of content, the different screens and the interactive controller used by the father. The baby’s wind-up truck does not have a chance.

The Fun of Getting There

Goldberg is associated with popular cartoons depicting gadgets that perform simple tasks in indirect or complicated but imaginative ways, giving rise to the term “Rube Goldberg machine” for s similar gadget or process. Goldberg received many honors in his lifetime, including a Pulitzer Prize for his political cartooning in 1948.

Goldberg was a founding member and the first president of the National Cartoonists Society, and he is the namesake of the Reuben Award, which the organization awards to the Cartoonist of the Year.

He is the inspiration for various international competitions, known as Rube Goldberg Machine Contests, which challenge participants to make a complicated machine to perform a simple task (kind of the opposite of an invention, which attempts to solve a problem or improve efficiency).

The contest, in which college or high school students build devices to complete a simple task in a minimum of twenty steps in the style of Goldberg, is held throughout the United States, and local winners are eligible to compete in the national contest.

Rube Goldberg reminds us that how a simple problem gets solved can be as fascinating as the solution.

Source: imgur.com

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Cong. Collins & Jeffries, and expert panel, will look at innovation policy and IP on May 8 in Washington

March 29, 2018 by Bruce Berman 0 Comments

WASHINGTON, DC –– What is innovation policy? What does it mean to U.S. competition and jobs? Who is responsible for it?

These are among the questions that will be addressed at an afternoon briefing held by the Center for Intellectual Property Understanding (CIPU) at the headquarters of the United States Chamber of Commerce headquarters in Washington on May 8.

The event will feature two leading proponents of IP rights, Congressmen Doug Collins (R-GA) and Hakeem Jeffries (D-NY), both members of the House Judiciary Committee, Sub-Committee on the Courts, Intellectual Property and the Internet.

“Innovation Policy and Intellectual Property: Building on a Strong Foundation” is being held by the Center for IP Understanding, an independent non-profit, and the Global Innovation Policy Center (GIPC), a division of the Chamber. Persons interested in receiving an invitation please contact CIPU at explore@understandingip.org.

Preceding the Congressmen will be a panel, “What is Innovation Policy? Why is it Necessary?” featuring leading experts on innovation, IP and the economy, including:

 – Manny Schecter – Chief Patent Counsel of IBM, board member of CIPU and the IPO Education Foundation
– Alan Marco – former Chief Economist for the USPTO and now Associate Professor of Public Policy at Georgia Tech
– Adam Mossoff – Prof. of Law at George Mason University, Center for the Protection of IP
– Robert Atkinson – founder and President of Information Technology and Innovation Foundation (ITIF), an independent think tank

Discussion Will Follow

A networking break will follow the panel and a reception will take place at the conclusion of the program.

Go here for information about the “Innovation Policy and Intellectual Policy: Building a Strong Foundation.”

“U.S. innovation policy and IP focus are seriously lacking,” said Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and at IBM, and a CIPU board member. “Other nations take their policies more seriously. The timing is right to dissect what U.S. innovation policy means and how it effects jobs and competition.”

Briefing partners and supporters include the Michaelson 20MM Foundation, the Kellogg School of Management at Northwestern University, Berkeley Research Group, the Tusher Center for Intellectual Capital Management at UC Berkeley-Haas and Open Invention Network.

Image source: understandingip.org; nesta.org.uk; theglobalipcenter.com; 

 

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Blockchain patent applications doubled in 2017 to more than 1,200

March 27, 2018 by Bruce Berman 0 Comments

 1,240 blockchain patent applications were filed worldwide in 2017, up from 594 in 2016 and 258 in 2015. 

Among the leading filers were Bank of America, MasterCard, Goldman Sachs, Walmart, JP Morgan, and IBM.
According to data collected by the Korean Intellectual Property Office, and reported in CryptoCurrency, more than 1240 applications for blockchain-related patents were filed across South Korea, the United States, Japan, China, and Europe by the end of January 2018.

In December of 2017, CNBC reported that ‘patent trolls’ were coming for blockchain individuals and entire firms who seek to make fortunes off of amassing blockchain patents.

“Crush it”

“Nick (sic) Spangenberg, a notable patent entrepreneur,” reported the publication, said that his firm IPwe “is also looking to make big money by reforming the whole patent world.”

“It is a curious path how a collection of misfit trolls, geeks and wonks ended up here—but we are going to crush it and make a fortune,” said Spangenburg.

Image source: codeburst.io

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“Strong IP Drives the Bottom Line” is theme of 2018 LESI Annual Conference

March 20, 2018 by Bruce Berman 0 Comments

This year’s Licensing Executives Society International (LESI) Annual Conference will have a financial focus and take place in San Diego April 20-May 1.

The plenary session keynote address by Mike Hoefflinger, “Think You Know Facebook’s Story …Think Again, and Learn Along the Way,” will look at the IP story behind the story.

After working directly for Andy Grove at Intel and as general manager of the Intel Inside program, Hoefflinger moved to Facebook to serve as Head of Global Business Marketing working with Sheryl Sandberg and Mark Zuckerberg.

Other LESI sessions include:

  • Doing Major Life Sciences Deals: The Keys to Success
  • Standard Essential Patent Licensing: Yesterday, Today and the Future
  • Best Practices For, and Latest Developments Regarding, Cyber-Security
  • Know-How Licensing

  • Artificial Intelligence: The IP Behind Disruption
  • Using Intellectual Property to Secure Debt Financing for Startups & Growth Companies
  • Blockchain and Cryptocurrency: New Tools for the Digital Economy
  • An International Perspective on Licensing in China: Experiences and Avoiding Potential Pitfalls

On May 2, LESI’s half-day Global Technology Impact Forum will feature keynote William J. Merritt, President and CEO of InterDigital.  GTIF is focused on managing IP issues for socially-beneficial business projects in less developed countries. The agenda and reservation can be found here.

For the full LESI meeting schedule, go here.

For the list of more than 60 speakers, go here.

To register, go here. For CIPU reader discount, use registration code “LESIMP-IPCU”

Image source: lesi.org; saba.com

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China says it leads the U.S. in blockchain patents and investment

March 7, 2018 by Bruce Berman 1 Comment

While China is no fan of bitcoin mining – it has moved to close mining operations – it is actively pursuing block chain patents, and is touting its leadership over the U.S.

China is the leading country for blockchain patents with Alibaba and PBOC on top, claims TechNode, a Chinese IP publication that partners with TechCrunch. Blockchain is a shared digital ledger that facilitates transactions, but whose practical application has yet to be determined. A wide range of U.S. financial institutions and technology companies are interested in blockchain, as well financial technology startups, many of whom have high valuations.

Out of the top 100 companies, reports TechNode citing Chinese data, 49 were Chinese, 23 from the US (see below for table of top 100 rankings). It is unclear if the leadership is in U.S. or China-issued patents, or both.

“An increasing number of companies in China are seeking ways to patent blockchain-related inventions, an effort that is in line with the Chinese government’s agenda to push forward with FinTech applications,” reports CoinDesk.

As reported by CoinDesk previously, major financial institutions, namely Bank of China, have already weighed in on issues such as blockchain scaling. (See “China’s Biggest Political Event Sees Blockchain Praise“)

China Blockchain Growth Exceeds the U.S.

IPRdaily, a Chinese language “integrated services organization focusing on new media for intellectual property and is committed to building the most influential IP cooperation platform in the world,” follows blockchain developments.

A report from IPRdaily – which is readily translated on Google Chrome browser – shows that blockchain financing growth in China far exceeds the United States, leading the world. The statistics show that as of December 17, 2017, the global total market capitalization of digital assets has reached 600 billion US dollars, compared with only 17.7 billion at the end of 2016. In less than a year, an increase of nearly 3300%.

Image source: iprdaily.com; technode.com

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