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Archive for the ‘Patent Reform’ Category

With the Honor of Patent Leadership Comes Responsibility

Posted in Innovation, Patent Reform, Patents, Peer to Patent, tagged , , , , , , , , on February 4, 2013 | Leave a Comment »

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by Manny Schecter, IBM Chief Patent Counsel

As the leading recipient of U.S. Patents for 20 consecutive years, we take pride in knowing that over the last 20 years the innovative talents of IBM inventors have generated thousands of original ideas and inventions that will enable fundamental advancements in technology and society. We are also proud because we believe patent leadership comes with a responsibility to continuously strive to improve the patent system, and we have taken many steps with a goal of fulfilling that obligation.

Patent leadership is an important reflection of IBM’s commitment to R&D and innovation. We believe our role as a leader places us in a unique position to help shape the patent system in the U.S. to promote innovation. Of course, this is a task that is never truly finished.

Among the steps we’ve  taken were to unilaterally commit to raise the bar on the technical content of business method patent applications; organize the Peer to Patent project to validate the ability of the public to assist patent examiners in identifying prior art (a capability now codified in the America Invents Act);  promote open innovation by pledging not to assert our patent rights in select areas of societal importance such as open source software, health care, and the environment; and demonstrate how metrics can be used to improve patent system transparency. We have also submitted numerous amicus briefs urging courts to interpret the law so as to best encourage innovation.

These were not actions that promoted our self interest or favored our short term business prospects.  We believed, however, that they were in the long-term interest of the health of the patent system and that what is good for innovation is ultimately also good for IBM.   That is why we continue to strive to optimize the patent system for all constituents.

Today, with many pundits arguing for the elimination of patents relating to software, we are advocating for the need to continue to protect this pervasive platform for innovation, and pointing out the inconsistency of protecting processes implemented mechanically or electrically (but not protecting the same processes implemented using software).

While some may question our motives, we will continue to take actions that we believe aid the patent system in fulfilling its objective of promoting innovation.  We view that as one of the responsibilities of patent leadership.

 

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USPTO Can’t Get The Job Done Without The Fees

Posted in Patent Reform, Patents, tagged , , , on May 21, 2012 | 1 Comment »

Last September, years of effort by the patent community led to passage of the America Invents Act (AIA). The AIA’s sweeping reforms include significant changes to patent office practice, new definitions of prior art, and fee-setting authority for the U.S. Patent and Trademark Office (USPTO). These reforms have the potential to enhance and transform USPTO operations and, in turn, improve the patenting experience for inventors.

While the USPTO and the public are currently tackling a daunting array of rules packages to implement the AIA, the USPTO’s proposed fees have come under attack — from within the patent community. It is disappointing that users of the patent system would oppose the USPTO’s authority to recover its costs, yet nevertheless expect the patent office to fulfill its expanded responsibilities under the AIA .

There is no dispute that the USPTO should have sufficient funding to operate efficiently and effectively. During the years of wrangling over more controversial elements of the AIA, the vast majority of stakeholders agreed that USPTO fee diversion should be prevented. The AIA doesn’t go that far, but it does give the USPTO the power to set fees, a power that was also widely supported (particularly if the USPTO could keep those fees). The USPTO also succeeded in obtaining an appropriation from Congress sufficient to recover its fees, so it seems that for this fiscal year at least, the stars have aligned.

Under the AIA, the USPTO is required to set fees to recover aggregate costs. In an initial fee proposal, the USPTO did just this, with some adjustments designed to encourage certain activities such as filing new patent applications. While some have raised concerns over whether the method for calculating costs or the value proposed for the USPTO reserve fund is optimal, few dispute the USPTO’s goals in establishing them, i.e. to effectively and efficiently examine patent applications and review issued patents.

The USPTO has already put in place a number of procedures required by the AIA, such as accelerated examination and the new threshold for granting inter partes reexamination. In the upcoming months, the USPTO will begin to conduct an array of new post-issuance proceedings. Just as the patent community should have the opportunity to provide input on how these new procedures and proceedings work, we also need to work with the USPTO on how much they should cost. Sufficient funding at the right stages of the patent process is a requirement for a well-functioning patent system.

Members of the public should be encouraged to share views regarding specific fees proposed by the USPTO as part of the overall framework for the USPTO to recover its costs. As this process moves forward, the USPTO is expected to publish a final proposed fee schedule in June so the public can submit comments directly to the USPTO. By doing so, those with concerns about the fees should constructively engage in the fee setting process to help the USPTO help itself. But we shouldn’t expect the USPTO to get the job done without the fees.

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The Silver Lining in This Year’s US Patent Rankings

Posted in Innovation, Patent Reform, Patents, tagged , , , , , on January 18, 2012 | Leave a Comment »

By Manny W. Schecter

Chief Patent Counsel, IBM Corporation

The recently-released tally of US Patents awarded in 2011 gives those who are concerned about America’s global competitiveness plenty to think about. Only two US companies, IBM at No. 1 and Microsoft at No. 6, appear on the top 10 list. Hewlett-Packard and Intel have dropped off. The rest of the companies in the top 10 are headquartered in Asia.

This news reminds us that we live in a highly competitive, global economy and it is vital that we remain vigilant about preserving and fostering an environment for US companies to innovate. That includes strengthening science, technology, engineering, and math curricula at all levels, investing in fundamental scientific research, making it easier for entrepreneurs to launch and grow their companies, and strengthening our patent system.

There is another message hidden in the rankings. The results show that the United States is a magnet for global innovation. Why do foreign companies apply for so many patents here? Simple: The US has balanced intellectual property laws, a fair patent system and a strong rule of law that protects the creative work of inventors.

The recently-enacted America Invents Act (AIA) is the most significant reform to the patent system in 60 years.  The AIA improves the fairness of the system and the quality of patents by giving third parties the opportunity to submit information related to a pending application for consideration by the patent examiner and by expanding the ability to challenge existing patents. These reforms will help ensure that patents are issued  and enforced only for inventions that are truly novel and deserving of a patent. The Act also harmonizes US patent law with those of other major countries by switching to a first-inventor-to-file system from a first-to invent system. This is important for businesses that must operate in an increasingly global economy and will help speed examination by promoting work sharing between patent offices.

On the judicial front, America’s court system provides patent holders ample opportunities to enforce their patent rights while at the same time providing fairness and balance in the remedies applied. The US Supreme Court decision in eBay Inc. v. MercExchange LLC established firm guidance for the lower courts: the balance of hardships between plaintiff and the defendant—and the public interest—must be considered before issuing an injunction preventing the sale of products. In cases where the plaintiff does not use the patented invention in products, lower courts’ application of eBay has resulted in fewer injunctions.  As the Federal Trade Commission indicated in its recent Evolving IP Marketplace report, the eBay decision allows courts a more nuanced analysis that recognizes injunctions may in some situations unnecessarily raise costs and deter innovation.

Reform isn’t a one-time act. It must be continuous in response to changing circumstances. So we applaud US PTO Director David Kappos’s vow to produce what he calls a “National IP Strategy” this year. He aims to outline the Obama administration’s key IP priorities, its plan to improve patent protection for small businesses and efforts to increase engagement with China on issues of IP enforcement.

It’s a remarkable time for innovation globally. Think of IBM’s Watson data management and analytics technology, Samsung’s advances in flat-screen TVs, Apple’s iPad, and Facebook’s social media. The future will be bright, too, and the United States will continue to be a locus for innovation, if American companies and foreign firms alike get world-class protections for their inventions and fairness in resolving competing claims. Government and industries must continue to work together to preserve and strengthen U.S. innovation.

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IBM Commends Passage of U.S. Patent Reform Legislation

Posted in Patent Reform, Patents, tagged , , , , , , , , , on September 8, 2011 | Leave a Comment »

IBM congratulates the U.S. Senate and House of Representatives for reaching a consensus on patent reform legislation today. This landmark action is an important step toward preserving American innovation leadership and stimulating economic growth.

As the leading recipient of U.S. patents for the past 18 years, IBM has supported patent reform since the moment the legislation was first introduced over five years ago. An efficient and effective patent system is vital to the American inventors and innovators who help fuel our nation’s competitiveness in the global economy.

The America Invents Act, which will become law when it is signed by President Obama, marks the most extensive and important update to the U.S patent system in nearly 60 years. This legislation balances the needs of patent system participants and will enhance the quality of patents issued by the USPTO.

Following years of deliberation and revisions, our elected officials have produced balanced, common-sense legislation that will lead to significant improvements to our patent system, which has not kept pace with dramatic changes in technology and innovation over the last half century. The patent bill is poised to usher in a variety of changes that will improve the patent system, such as:

  • Expanding rights for third parties to submit information related to published applications to a patent examiner, and establishing a post-grant review process, which will improve the quality of issued patents.
  • Increasing U.S. competitiveness by transitioning to a more objective first-inventor-to-file system, which is used throughout the rest of the world.
  • Providing fee setting authority to the USPTO, which will give it the ability to implement the new programs, address the backlog in patent applications, etc.

This patent legislation, together with the recent court decisions, puts the US patent system in a much better position to spur innovation in the 21st century.

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IBM Acclaims House Approval of Patent Reform Legislation

Posted in Patent Reform, Patents, tagged , , , , , , , , on June 23, 2011 | 6 Comments »

The U.S. House of Representatives today approved The America Invents Act, which will enhance the U.S. patent system, strengthen American competitiveness, and help generate job growth. IBM asserted its support for the House passage and urged quick adoption of the legislation.

The patent reform legislation, H.R. 1249, passed in a 304 to 117 vote.

President Obama has said he will sign the legislation into law, which will mark the most significant update to the U.S. patent system in almost 60 years.

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IBM Supports Fee Diversion Compromise in The America Invents Act

Posted in Patent Reform, Patents, tagged , , , , , , , , on June 21, 2011 | 1 Comment »

House Judiciary Committee Chairman, Lamar Smith, today announced a compromise on the “fee diversion” provision of The America Invents Act (H.R. 1249).

IBM supports the compromise and encourages the House of Representatives to act swiftly and approve H.R. 1249.

“We are very pleased that Chairman Lamar Smith and his colleagues today have achieved a reasonable compromise on the fee diversion provision, clearing the path for House floor consideration of the America Invents Act.  As the leading recipient of U.S. patents for 18 consecutive years, IBM strongly supports the legislation and urges speedy passage on the House floor,” said Christopher A. Padilla, vice president of Government Programs for IBM.

For the past 18 years, IBM has been the leading recipient of U.S. patents and is the largest user of the U.S. Patent Office.


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IBM Asserts its Support for the America Invents Act (H.R. 1249)

Posted in Patent Reform, Patents, Uncategorized, tagged , , , , , , , on June 13, 2011 | 1 Comment »

In an op-ed running on The Hill.com, IBM Senior Vice President and Director of Research, Dr. John E. Kelly III, calls for the U.S. House of Representatives to vote in support of the America Invents Act (H.R. 1249) patent reform legislation which will stimulate U.S. innovation, economic competitiveness and jobs.

Dr. Kelly’s op-ed, asserts that H.R. 1249 is important legislation that will facilitate improvements to the U.S. patent system, while balancing the needs of inventors of all sizes in all industries.

As the leading recipient of U.S. patents for 18 consecutive years, IBM understands and appreciates the importance of strong intellectual property laws, and encourages swift passage of H.R. 1249.

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IBM Commends House Judiciary Committee Approval of Patent Reform Legislation

Posted in Patent Reform, Patents, tagged , , , , , , , , on April 14, 2011 | 1 Comment »

IBM congratulates House Judiciary Committee Chairman Lamar Smith and the Committee for overwhelmingly approving the America Invents Act, H.R. 1249, by a vote of 32-3.

IBM strongly supports H.R. 1249 and urges the House to act quickly to pass this patent reform legislation. H.R. 1249 is important legislation that will create a contemporary patent system, spur innovation and create jobs. In addition, this legislation balances the needs of inventors of all sizes in all industries and will enable essential and significant improvements to the operation of our nation’s patent system. This common-sense set of reforms will update patent laws to keep pace with the cutting edge of innovation and will significantly enhance patent quality.

It is crucial that the House enact H.R. 1249 now to preserve American innovation leadership and spur economic growth.

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IBM Hails Introduction of Patent Reform Legislation in U.S. House of Representatives

Posted in Patent Reform, Patents, tagged , , , , , , , , on March 31, 2011 | 1 Comment »

IBM applauds the introduction of patent reform legislation by Lamar Smith, House Judiciary Committee chairman, and Bob Goodlatte, chairman of the Intellectual Property, Competition, and the Internet Subcommittee.  The America Invents Act, H.R. 1249, will update and enhance our nation’s patent system for the first time in nearly 60 years.

If enacted, the House patent reform legislation will enable essential and significant improvements to the USPTO’s operations and protect the interests of all inventors — both big and small. The House proposal reflects the substantial work done in the House in prior Congresses and closely tracks S.23, the patent legislation recently approved by the Senate in a landslide 95-5 vote. The fact that the House and Senate are approaching consensus on patent reform confirms that landmark change and much-needed modernization of our nation’s antiquated patent system is in reach.

IBM urges the House to swiftly approve H.R. 1249 to stimulate innovation and strengthen our nation’s competitiveness in the global economy.

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IBM Commends Senate Approval of Patent Reform Bill

Posted in Patent Reform, Patents, tagged , , , , , , on March 8, 2011 | 2 Comments »

Modernizing the U.S. patent system is essential to protecting inventors, preserving American innovation leadership and generating economic growth. IBM congratulates Senators Leahy, Grassley and others for their leadership in forging a bipartisan patent reform bill that was overwhelmingly approved by the Senate in a 95-5 vote.

IBM strongly supports S. 23, the America Invents Act, because it works for all members of the intellectual property community, bolsters our nation’s competitiveness in the global economy, and stimulates innovation. As the top U.S. patent recipient for the past 18 years, IBM believes that S. 23 will enable significant improvements to a system that has not kept pace with dramatic changes in technology and innovation over the last half century.

IBM urges the House to complete its work on patent reform legislation and to act quickly to help preserve American innovation leadership and spur economic growth.

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