Tag Archives: Technology

Et tu, TechCo? Some potential patent licensees should be outed for abusive behavior

What is the appropriate response to a legitimate request for patent licensing?

If you are an information technology company comfortable taking full advantage of confusion in the patent system, and unfettered by business ethics, it may be tossing the offer in the garbage can — just because you can.

Can a business simply ignore a reasonable licensing offer or does it have an obligation, ethical or otherwise, to take seriously a reasonable request to consider a license to an invention it requires or may already be using?

For an executive at one inventor-owned business, Personalized Media Communications, being totally ignored when a legitimate request to discuss a patent license is presented is an abusive practice and a threat to innovation that must be stopped.

The Real Issue

“Too often, this abusive behavior is conflated with ownership models to deflect attention from the real problems,” said Aaric Eisenstein, VP Licensing Strategy. “PR efforts targeting ‘trolls’ have warped stories of threats to mom & pop businesses to cast large companies as the equally helpless victims of these ruthless predators… the real issue is abusive behavior, and that’s what needs to be targeted…

“The responsibility for ending abuse rests not only with the Patent Office and the federal courts but also with the stakeholders in the patent system themselves. The stakeholders cannot simply complain and lobby for one-sided solutions. They must work together to improve the system upon which they all depend.

“The responsibility for ending abuse rests not only with the Patent Office and the federal courts but also with the stakeholders in the patent system themselves.”

“Following these rules eliminates both problems: skimpy-to-ridiculous notice packages and throwing legitimate packages in the trash.  It doesn’t matter whether the companies are large or small or whether they’re direct operating competitors or have completely different ownership models. The critical point is that these standards are targeted to prohibit abusive behavior per se

“The US patent system was the envy of the world for generations.  It can be again if we’re honest about its shortcomings and address them in direct and balanced ways.”

The TROL Act in the House of Representatives reintroduced legislation with apparent bi-partisan support that would give the Federal Trade Commission and the state attorneys general authority to issue civil penalties up to $5 million for sending misleading or bad faith letters demanding patent licenses.

There is no indication that penalties will also be instituted for bad faith on the part of businesses that ignore legitimate offers to license good patents, forcing owners to file suit.

Eisenstein is grateful to USPTO Director Andrei Iancu for having “reminded patent system stakeholders what US inventors have given the world and the right way to enhance the system.”

For the full article, go here.

Image source: seapine.com

Costs to establish clear patent ownership are soaring – Here’s why

It has never been easy for American innovators hoping to generate a return on their inventions, but new hurdles have made it impossible to license even the best patents.

Despite increased availability of capital and access to data, IT patents today have a much more difficult time proving themselves than a decade or a century ago. The vast majority of the public, stakeholders if indirectly, are not aware of the situation or its impact.

With the enactment of the American Invents Act (AIA) in 2012 and several supreme court decisions setting an ambiguously higher bar for patent certainty, licensing began to resemble scaling a high peak, with enough challenges even the most innovative business or inventor.

Two such obstacles are the Patent Trial and Appeal Board (PTAB) and inter partes reviews, created to validate patents already issued by the United States Patent and Trademark Office. Until the AIA came along, USTPO-issued patents had enjoyed a “presumption of validity,” the standard since 1952.

Second Look

In theory, a “second look” for issued patents is not a bad idea. Examinations are not always as thorough as they could be. If it were fairly applied, these re-examinations would kill any dubious patents that should not have been issued by time-constrained examiners, and affirm those that deserve to be. This would make it easier for owners to license without resorting to costly litigation. In practice, however, is not the case.

Patents that the PTAB chooses not to review, and even those whose reviews are instituted and claims affirmed, still, are rarely seen as licenseable, and are subject to subsequent IPRs and/or protracted litigation. New and even more onerous obstacles to patent certainty have added to the time and cost of resolving disputes. How much time and cost?

 

Steep Climb

The illustration on this page, courtesy of Brody Berman Associates, IP communication specialists, is an illustration of the just how difficult patent licensing has become. That is not to say that every licensor must go through all of the steps, all of the time, but many do, especially those who believe the infringement warrants significant damages or a potential licensor believes the royalty costs outweigh the expensive legal ones. Many accused infringers have the capital and constitution to withstand a protracted dispute, which can last five years or more.

Defendants who take their time engage in what is known as “efficient” infringement. For a patent holder to prove patentability, validity, infringement and damages is frequently too costly and time-consuming a climb, so why bother? For many IT patent holders, licensing without litigation is no longer an option.

From Edison to Alexander Graham Bell to Nicola Tesla, market leaders have been reluctant to accept new ways of solving old problems if it may hurt their bottom line. An expensive challenge with many impediments along the way is one way of mitigating a threat. Patents that are held by businesses and individuals but are not used (enforced) are seen as less threatening to established businesses. To them, the best patents are seen but not heard.

An overly arduous path to patent certainty not only tilts the playing field, it dissuades competition and dims the future.

Image source: Brody Berman Associates, Inc.

 

Patent “abuse” stories is the subject of a website and forthcoming book

From Michelangelo to Edison and Bell, inventor success stories are well-known.

But patent and inventor abuse stories – such as inventor Robert Kearns’ and his intermittent windshield wiper, famously infringed by almost every auto manufacturer and well-captured in the feature film, “Flash of Genius” – are less well-known.

An organization supported by a GoFundMe campaign is looking to change that. Protect American Innovation has been collecting patent abuse stories since July and has thus far gathered 16 examples of dramatic abuse. Some of the examples cite videos.

Protect American Innovation, which is described on its website as a “coalition of businesses, innovators and inventors, to spread the word about patent abuse and to push for effective change in the U.S. Patent System,” supports the Stronger Patents Act, which hopes to correct the over-reaction and weakening of the patent system caused by the American Invents Act. The Bill is currently in the House Judiciary  Committee.

For PAI patent abuse stories, go here. They help to explode the myth of the abusive “patent troll.” Those interested in the website may also want to know about a book being written by IP consultant David Wanetic about patent and inventor abuse.

Incisive Op-Ed

Also on the PAI website is “The Time to Revive the American Patent System is Now!”, an incisive op-ed written by Chief Judge or the Court of Appeals for the Federal Circuit (ret.), Paul R. Michel. It succinctly restates that the U.S. is losing its innovation edge and how a balanced patent system can help to fix it. Judge Michel’s piece can be read here.

“… to overcome the massive PR campaign of the FANGs, featuring largely fictional or exaggerated tales of patent ‘trolls’ abusing the system with baseless law suits, leaders in Congress need stories to illustrate the harms of the AIA reviews and Supreme Court cases.”

For the Save the Inventor video feed with more than 100 videos, go here.

Image source: savetheinventor.com

IP Awareness Summit update: keynotes to include top-ten inventor, Jay Walker, USPTO Director Iancu and IBM’s Schecter

Priceline.com founder and one of the most prolific and successful U.S. inventors in history will join USPTO Director Andrei Iancu and IBM Chief Patent Counsel Manny Schecter as featured speakers at the IP Awareness Summit in NYC on November 29.

The Summit will is being held by the Center for IP Understanding, an independent non-profit, at Columbia University’s famed Pulitzer Hall in the School of Journalism in conjunction with Columbia Technology Ventures.

Mr. Walker, an owner of TEDMED, which bridges the gap between science and the public, has long held that despite increases in U.S. technology and innovation, the patent licensing system is broken.

“The fact is that without a functioning licensing system we really don’t have what need to compete,” Mr. Walker, a former member of the Forbes 400, has stated. “Licensing is the way that inventions get into the economy; it’s the way they get used and brought into the marketplace and creates jobs and helps our economy to be more competitive.”

Mr. Walker is number eight on the U.S. all-time U.S. inventor list with 950 issued utility patents. Thomas Edison had 1,084. At the current pace, Walker will surpass Edison sometime in 2023. Many of his patents cover gaming and risk calculation.

Iancu and Schecter, too

Joining Mr. Walker as an IPAS 2018 featured speaker is USPTO Director Andrei Iancu, who will present at 1:30 and is likely to touch upon U.S. and China IP issues. Another featured presenter is Manny Schecter, Chief Patent Counsel of IBM, who will speak about the impact of a faster, more digitized world on IP and how it is seen.

Other speakers and panelists include a range of IP thought-leaders, owners, educators and organizations from the U.S., Europe and Asia, who will present and serve on panels. Luncheon breakout sessions will permit IP holders, creators and others to consider specific IP leadership challenges. Registration for IPAS 2018 is now open to the public but space is limited.

The IPAS 2018 theme – IP Literacy in a Digital World will be the basis for examining the impact of information and speed on how intellectual property is seen and often taken for granted, as well as ways to address the disconnect through education and the media.

To view the IPAS 2018 program and event website, visit www.ipawarenesssummit.com.

To register, go here.

The current list of IPAS 2018 participants and partners can be found on the home page. Persons who wish to apply for a discounted registration, contact explore@understandingip.org.

To learn more about the Center for IP Understanding, www.understandingip.org.

Image source: bloomberg.com; TEDMED

Too sexy to be taken seriously: movie star’s invention story is a lesson for both men and women

In the 1930s she was called “the most beautiful woman in the world,” but screen star Hedy Lamarr was obsessed with how things worked.

An Austrian émigré in Hollywood, Lamar, intellectually curious and highly patriotic, and who was raised Jewish, wanted to do something to help her adopted country defeat the Nazis. This prompted her to develop a complex, secret communications system that would later serve as the basis for Wi-Fi, Bluetooth, wireless phones, GPS, and other developments.

Problem was it took the Navy 20 years to take her and her co-inventor seriously. Both were high school dropouts and of Austrian and German extraction at a time of heightened suspicion and spying. This fascinating story is explained in greater detail in The Intangible Investor in the November IAM magazine, “Torpedo invention laid the foundation for Wi-Fi and more.” Subscribers can find it here starting October 1.

What drove Lamarr to invent is a focus of this fascinating and well-received documentary, Bombshell: The Hedy Lamarr Story (96% rated on Rotten Tomatoes). It is available on Netflix and on DVD from many public libraries. Even those familiar with the story will find the film worth watching. It illustrates that some of the best inventions derive from the most unlikely sources and can seem implausible.

For more on Lamarr’s background, go hereFor her patent, 2,292,387, “Secret Communications System,” go here.

“Bombshell” estimates that Larmarr’s invention, had it been widely adopted, would have been worth $30 billion.

Lamarr and her co inventor, George Autheil, a respected American avant-garde composer and concert pianist who spent a decade in Paris associating with James Joyce and Ernest Hemingway, posthumously made it into the National Inventors Hall of Fame.

“If you do good,” Lamarr said, “people will accuse you of selfish motives – do good anyway.”

Image source: washingtonpost.com 

 

IPCU readers can save $200 on IP Dealmakers Forum Nov 6-8 in NY

Patent monetization is alive and improving.

Look no further than the 5th annual IP Dealmakers Forum, which will attract the top players in IP licensing, sales and litigation funding to the Alexandria Center overlooking NYC’s East River, November 6-8.

IP CloseUp readers can save $200 off of registration by using discount code IPDF18_CIPU.

Panels include:

  • IP Market Roundup: Light at the end of the Tunnel
  • In Patents We Trust: Government Updates & Outlook
  • Leveraging Data to Identify Valuable Patents
  • SEP, FRAND & Getting Ready for 5G
  • IP Investors Roundtable: Opportunities In and Around IP
  • What Matters Now: Navigating the New Deal Landscape
  • Corporate Governance & Activist Investing in IP

One-to-one meeting and networking sessions will be held throughout the conference.

A partial list of speakers includes:

  • Erich Andersen, Corporate VP & Chief IP Counsel, Microsoft
  • John Lindgren, CEO, IPVALUE
  • Todd Dickinson, Former Director, USPTO
  • Fred Fabricant, Head of IP Litigation, Brown Rudnick 
  • Paul Michel (ret.), former Chief Judge of CAFC
  • Hans Sauer, Deputy General Counsel for IP, BIO

For the full IPDF agenda, go here.

To register, go here.

CLE credit is available.

Images source: ipdealmakersforum.com

Rich values for IP services providers defy investor expectations

Prices for companies that support and sell IP services and analytical software remain surprisingly strong, even as patent licensing and sales continue to decline.

Their success appears to be fueled by the very problems facing patents: lower values and lack of certainty.

IP tools providers are the proverbial sellers of picks and shovels; the “miners” take the primary risk. Most are satisfied with the steady cash flow, while their clients make the big bets in R&D and litigation. Uncertainty makes investing even more dangerous and the information premium more valuable.

                                    __________________________________________

For the full IP services deal story, “Defying the monestisation market” in the September IAM magazinego here. In this issue the Intangible Investor explores recent IP service firms transactions and their prices.
                                         ______________________________________

Examples of IP services successes include CPA Global’s 2017 acquisition by private equity firm Leonard Green & Partner’s for 2.4 billion pounds ($3.1B USD). Cinven had acquired the firm in 2012 from Intermediate Capital Group for around £950 million ($1.3 billion), backed
by $555 million of debt financing.

In 2015, CPA Global – with approximately $12 million in revenues and no profit – acquired Innography for an undisclosed amount. An industry-insider told IP CloseUp it was likely between $80 and $90 million, or about seven times revenue. Innography, with a strong reputation, had raised $14 million in venture capital.

AI Driven

Thomson Reuters sold its IP and Science business in 2016 to Onex and Baring and Private Equity Asia for $3.55 billion. The company is now Clarivate Analytics.

Among the newer and more interesting entries in the IP services space is ClearAccessIP, a Palo Alto, CA-based firm “that indexes patents, looks for vulnerabilities in a corporation’s patent strategy, and finds opportunities in a patent collection for further value.”

Founded by Nicole Shanahan, a young patent attorney who served as a researcher for IP scholar Colleen Chien at Santa Clara University College of Law. Professor Chien is a member of the Clear Access IP Advisory Board, along with former AIPLA president Wayne Sobon.

“I am essentially trying to build and democratize a marketplace platform because not all patent holders and sellers can afford the large transaction firms,” she says. “I’m also solving a very old problem and putting docket management in the cloud.”

An extensive interview with Shanahan appears in Software Engineering Daily. The audio can be found here; the written transcript, here.

Ms. Shanahan, it seems fair to inform readers, has been living with Sergey Brin, founder of Google and President of its parent company, Alphabet, Inc., which, historically, has been dubious about strong patents.

New Wave

IP services and software providers, especially those using the latest algorithms, may represent a new wave for beleaguered IP holders and their law firms seeking to manage patent risk. The computing strength and analytics capability they offer may be just what some IP holders and margin-conscious law firms need to compete, or these companies may simply be repackaging the outsourcing mantra for the AI age.

These relationship-driven, technology-focused service providers are likely to grow in value as global patent applications and portfolios increase and uncertainty lingers. An improved outlook for patent licensing will make them even more attractive.

Image source: softwareengineeringdaily.com; clarivate.com; cpaglobal.com 

Can blockchain be a game-changer for millions of IP transactions?

The abundant promise of blockchain has yet to be realized. To many in IP, finance and tech, it is just beginning to come into sight.

The initial application of blockchain’s distributed ledger, bitcoin, has turned out to be more of a speculative sideshow than a legitimate alternative currency. We hear repeatedly that bitcoin is merely the first of many possibilities, and that blockchain should not be judged on the basis of bitcoin.

Fundamental Change?

One of the most intriguing areas of potential for blockchain, or encrypted distributed ledger of data, is transacting IP rights — so-called smart transactions. Smart transactions aim to make more efficient millions of copyright, patent and trademark licenses by providing greater transparency and the removing costly middlemen. It sounds great – but can it really happen or is it merely the alchemists’ fantasy?

In April, Managing Intellectual Property, magazine ran a feature on blockchain, “Blockchain Party,” which can be found here. The special report discusses how blockchain will fundamentally change IP transactions, and haw already started to. The race for blockchain patents is well under way, with U.S. and some European banks, fintech firms and tech companies jockeying for position with the Chinese.

Who use blockchain?

The following infographic from Bitfortune.net, a bitcoin promotion and gaming website, offers 16 industries and areas where distributed ledger adoption is underway. (Sources for the data are offered at the bottom of the graphic. They have not been checked.)

Bitfortune says “many experts believe that blockchain will change our world in the next 20 years as much as the internet has over the past 20.”

[Three useful blockchain articles follow the long infographic below.]

 

More on blockchain:

IP CloseUp: 59% of blockchain patents are owned by developers; BofA and IBM dominate banks and tech players.

DS Avocats: Blockchain, Smart Contracts and Intellectual Property.

WIPO Magazine: Blockchain and IP Law: A Match Made in Crypto Heaven?


Inauspicious Beginnings

Can blockchain shake off its inauspicious beginnings as bitcoin foundation and deliver on its promise?

Many are pulling for it, including me and several banks, fintech businesses and technology players, who are either investing heavily or hedging their bets.

 

Image source: bitfortune.net

“What kind of man owns his own computer?” Ben Franklin knows

Invention is about the future. Looking back at the technology and images that defined us, however, can provide an idea of where we are headed.  

A case in point is the Apple II personal computer. The ad below appeared in the venerable Scientific American magazine in May 1980. It seems almost laughable in its blatant appeal to the ego, although it was on the certainly on track about the PC’s ability to empower individuals and encourage creativity.

Ben Franklin designing the kite that helped to discover electricity (below) is a provocative image. Franklin was the original “scientific” American – statesman, inventor, writer. The Apple II, introduced in 1977, came with 4K of memory, expandable to 48K.  Its CPU speed was rated at 1 MHz. It was the kind of tool that could make genius even better.

Below is the original ad for the Apple II (full text is below the ad for easy reading).

What kind of man owns his own computer?

Rather revolutionary, the whole idea of owning your own computer? Not if you’re a diplomat, printer, scientist, inventor… or a kite designer, too. Today there’s Apple Computer. It’s designed to be a personal computer. To uncomplicate your life. And make you more effective.

It’s a wise man who owns an Apple.

If your time means money, Apple can help you make more of it. In an age of specialists, the most successful specialists stay away from uncreative drudgery. That’s where Apple comes in.

Apple is a real computer, right to the core. So just like big computers, it manages data, crunches numbers, keeps records, processes your information and prints reports. You concentrate on what you do best. And let Apple do the rest. Apple makes that easy with three programming languages— including Pascal—that let you be your own software expert.

Apple, the computer worth not waiting for.

Time waiting for access to your company’s big mainframe is time wasted. What you need in your department on your desk is a computer that answers only to you…

Apple Computer. It’s less expensive than timesharing. More dependable than distributed processing. Far more flexible than centralized EDP. And, at less than $2500 (as shown), downright affordable.

Visit your local computer store.

You can join the personal computer revolution by visiting the Apple dealer in your neighborhood. We’ll give you his name when you call our toll-free number (800) 538-9696. In California, (800) 662-9238. Apple Computer, 10260 Bandley Drive, Cupertino, CA 95014.

________________

A Manly Man

Note the ad’s manly images. (I guess 1980s women didn’t need a computer.) Ben Franklin was never a pinup for machismo, although he was said to be quite the lady’s man… $2,500 in 1980 is equivalent to about $8,000 today – a price almost no individual would be willing to pay for a personal computer. Computers have gotten smarter and smaller; people, not so much.

In 1980:

  • U.S. President Jimmy Carter proclaims a grain embargo against the USSR with the support of the European Commission
  • The Rubik’s Cube makes its international debut at The British Toy and Hobby Fair, Earl’s Court, London
  • The 1980 Winter Olympics took place in Lake Placid, New York
  • The United States boycotted the 1980 Summer Olympics in Moscow because of the Soviet invasion of Afghanistan
  • Pac-Man, the best-selling arcade game of all time, is released in Japan

Another print ad introduced the Apple II in September 1977. It included a $598 board-only version for “do-it-yourself hobbyists.”

And while we are on the subject, Autobiography of Benjamin Franklin, available for free, here, is an unusually timely and readable work, especially for anyone interested in invention and the creative process.

Frank Woodworth Pine wrote that it was “the most remarkable of all the remarkable histories of our self-made men.” with Franklin as the greatest exemplar of the “self-made man”.

Image source: http://blog.modernmechanix.com; technobezz.com

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

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

 

 

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

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

Rep. Collins speaks from IP experience at CIPU-GIPC innovation policy forum

On Tuesday an open briefing was held in Washington to better understand U.S. innovation and IP policy. Congressman Doug Collins (R-GA), a supporter of strong and certain IP rights, launched the event with a personal account of his exposure to IP rights growing up in rural Georgia. 

He said that a number of his relatives and neighbors were chicken farmers, “some of whom invented new and more effective processes to produce and process eggs and poultry that were protected under IP law.”

The keynote comments of the Congressman were part of a program, “Innovation Policy and Intellectual Property: Building on a Strong Foundation,” held by the Center for Intellectual Property Understanding (CIPU), an independent non-profit, and the Global Innovation Policy Center (GIPC), a division of the United Stated Chamber of Commerce.

House Judiciary Committee

Congressman Collins is a member of the House Judiciary Committee, and also is on the sub-committee for the Courts, Intellectual Property and the Internet. He was a sponsor of the recently enacted, and broadly supported Music Modernization Act, which passed the House 415-0, and has developed and supported other IP-friendly legislation. “IP is a part of the fabric of the nation,” he said. “American freedom is tied to an effective IP system.”

Other presenters included CIPU board member Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and prior to that at IBM. Mr. Phelps also served as head of Government Relations for IBM in Washington in the 1980s, and previously was head of Asia-Pacific. He spoke about the threat to technology posed by “Japan, Inc.” in the Eighties, and how the U.S. was able to surmount the threat with the right combination of incentives.

“The threat to IP and innovation from China is real,” said Phelps in his introductory remarks, “but too much policy and the wrong incentives can create bigger problems. Making patent certainty a higher priority should be the first priority. Putting IP properly on the balance sheet would help, too.”

Manny Schecter, Chief Patent Counsel of IBM, also a CIPU director, and president of the Intellectual Property Owners (IPO) Education Foundation, was a panelist, as were, Alan Marco, former USPTO Chief Economist, Rob Atkinson, a pro-IP economist and President of the Information Technology and Innovation Foundation (ITIF), and Professor Adam Mossoff, an IP scholar and policy expert at George Mason University Scalia School of Law.

Among the goals of the panel was to explore:

  • What is U.S. innovation policy?
  • How does it relate to intellectual property?
  • Who should be responsible for it?
  • How should success be measured?

Audience Response

One the audience members asked if the Supreme Court, with Oil States and several other decisions, was “anti-IP.” The panel did not believe so, but thought that SCOTUS members may be poorly informed about the purpose and use if IP rights.

Another audience member stated the false narratives around phrases like patent “trolls” were part of a long-term “public relations campaign” that has seeded anger and hostility toward IP rights in general. He thought a sustained educational initiative could help to make the role of IP clearer for various audiences.

Image source: GIPC

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