Today's Date: October 25, 2014 Search | Home | Contact | Services | Patent Attorney | Patent Search | Provisional Patent Application | Patent Application | Software Patent | Confidentiality Agreements

Posts Tagged ‘ intellectual property ’

Best Practices for Fostering a Culture of Innovation

Posted: Sunday, Sep 14, 2014 @ 8:00 am | Written by Andrew J. Sherman | No Comments »
| Tags: , , , , , ,
Posted in: Books & Book Reviews, IP News, IPWatchdog.com Articles

EDITOR’S NOTE: Mr. Sherman, a partner at Jones Day, is the author of Harvesting Intangible Assets, which addresses strategies to jumpstart our struggling economy. He will also be the featured speaker at a free webinar on Thursday, September 18, 2014, at 1pm ET, where he will discuss these and other topics related to driving new streams of revenue from intellectual properties.

_______________________

Over the years, I have developed and observed a wide variety of best practices for fostering and establishing on a sustainable basis a genuine culture of innovation. These must be embraced at all levels of the organization to be effective. What follows is discussion of some key lessons for maintaining a culture of innovation.

Innovation, like the spreading of fertilizer, is messy, lumpy, smelly, expensive, and unpredictable. Innovation rarely happens in a neat and sequential fashion. Imposing too many rules or protocols will retard or overly restart the process. And there must be a commitment to spread the fertilizer frequently, consistently, and across the entire field, not just once in a while to “pet” projects. And the results are not always what you would predict or expect. If you create processes that are appropriate for the levels of innovation and creativity goals that have been set, you create an environment that supports this process. If you are overly process oriented budget driven or linear in your thinking, you may be putting too many walls around a process that needs room to breathe.



Using Competitive Intelligence to Enable IP Monetization

Posted: Wednesday, Sep 3, 2014 @ 10:00 am | Written by Raymond Millien | 1 Comment »
| Tags: , , , , ,
Posted in: Guest Contributors, IP News, IPWatchdog.com Articles, Patent Business & Deals, Patents, Raymond Millien

Illustration by Cat Scott for www.engrossed.me (used with permission).

Personnel charged with managing an enterprise’s intellectual property (IP) are increasingly being asked to show some return for the often multi-million dollar expenditures on applications, registrations and attorneys’ fees. Such returns are only possible by undertaking some form of IP monetization efforts. Like most corporate efforts, however, there first must be a strategy in place. Yet, how can enterprises set an IP monetization strategy without first understanding the IP landscape in the relevant industry? More specifically, enterprises must be able to answer the following questions before even setting a strategy and embarking on any IP monetization efforts: Who are our potential licensees? Who are our potential enforcement targets? What are our best IP assets? Where do we start? What are best practices in the industry? What are the risks? What are the potential rewards? The process of answering these questions in order to form and execute upon IP monetization strategy is called competitive intelligence (CI).



IP Law Summit – September 14-16

Posted: Sunday, Aug 3, 2014 @ 12:21 pm | Written by Gene Quinn | No Comments »
| Tags: , , , ,
Posted in: IP News, IPWatchdog.com Articles

The IP Law Summit will be held from September 14, 2014, through September 16, 2014, at the Eau Palm Beach Resort & Spa, Palm Beach, Florida. The event will bring together senior IP Counsel from large corporations and mid-market organizations with service providers. The Summit is an invitation-only event that will take place behind closed doors.



Populist Disconnect and the Whittling Away of IP Rights

Posted: Tuesday, Jul 29, 2014 @ 5:35 pm | Written by Gene Quinn | 25 comments
| Tags: , , , , , , , , , , , , ,
Posted in: Copyright, Gene Quinn, IP News, IPWatchdog.com Articles, Patents, US Economy

In Joe Allen’s recent column Does Innovation Lead to Prosperity for All? he ended with a quote by Alexander Fraser Tyler from The Decline and Fall of the Athenian Republic, which suggested that a democracy cannot continue to exist once the majority realizes they can vote for candidates that promise a never ending stream of benefits. Eventually, the result of politicians handing out money and benefits for votes leads to a collapse as the result of unsustainable fiscal policy.  Allen quizzically ends by stating that this couldn’t ever happen in the United States, could it? Sadly, we know it is happening in America.

As of the writing of this article the U.S. national debt is over $17.6 trillion, which if you write out in long form is $17,600,000,000,000.00. To put this into perspective, if you wanted to count to 1 trillion and you counted a number ever second non-stop without sleep it would take you 31,546 years, which means that to count to 17.6 trillion would take you over 555,209 years. Explained another way, the height of a stack of 1 trillion one dollar bills measures 67,866 miles, which means that 17.6 trillion one dollar bills would be nearly 1.2 million miles. To put this into perspective the Earth is only on average 238,855 miles away from the moon.

Saying the United States has a spending problem is an extraordinary understatement, but spending continues. The public demands spending and so many people now erroneously believe that the way to improve the economy is for the government to spend ever more sums while at the same time regulating business like never before. Taking the foot off the throat of the private sector and reducing government spending has been a time tested and effective way to stimulate activity, create jobs and improve the overall economic condition of the U.S. economy. So there is an extreme disconnect between historical reality, what the people want and the policies America is pursuing.



IP Law Summit in Palm Beach, Florida

Posted: Sunday, Jul 20, 2014 @ 8:00 am | Written by Gene Quinn | Comments Off
| Tags: , , ,
Posted in: IP News, IPWatchdog.com Articles

The IP Law Summit will be held from September 14, 2014, through September 16, 2014, at the Eau Palm Beach Resort & Spa, Palm Beach, Florida. The event will bring together senior IP Counsel from large corporations and mid-market organizations with service providers. The Summit is an invitation-only event that will take place behind closed doors.



What is Intellectual Property?

Posted: Saturday, Jul 19, 2014 @ 11:56 am | Written by Gene Quinn | Comments Off
| Tags: , , , , , , , , , , , , , ,
Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles

Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.

The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.



Morgan Lewis Seeks Patent Prosecution Associate for its San Francisco Office

Posted: Monday, Jul 7, 2014 @ 8:00 am | Written by Renee C. Quinn | Comments Off
| Tags: , , , , , ,
Posted in: IP News, IPWatchdog.com Articles, JobOrtunities™ Help Wanted Section, Patent Attorney & Patent Agent Positions

* Job Title / Position: Patent Prosecution Associate
* Job Location: San Francisco

The San Francisco office of Morgan Lewis & Bockius, LLP an international law firm with some 1,400 attorneys, seeks a highly motivated, junior to mid-level associate for our Intellectual Property Practice.

The ideal candidates must have patent prosecution experience in the fields of life sciences, preferably with an advanced degree in biochemistry, biomedical engineering, molecular biology, immunology, and/or biology. Candidates must possess excellent academic credentials and strong research, writing, communication, interpersonal, and organizational skills. Candidates must be registered with the U.S. Patent and Trademark Office and a member of the California bar.



Bringing Manufacturing Jobs Back: A Policy for America’s Future

Posted: Monday, Jun 16, 2014 @ 3:49 pm | Written by Gene Quinn | 11 comments
| Tags: , , , , , ,
Posted in: Gene Quinn, IP News, IPWatchdog.com Articles, US Economy

By and large we are exporting our intellectual property so foreign companies and subsidiaries around the world can engage in manufacturing.  Unfortunately, when manufacturing exits a country R&D funding dwindles in direct response, thereby creating an enormous problem. This has been and will continue to be an acute problem for the United States moving forward. With countless manufacturing jobs already gone what the American economy thrives on is intellectual property, particularly in the form of innovation.

This is an issue that has come to mind are the result of a recent article in POLITICO titled As factories die, income gap grows. This article starts by telling the tale of a married couple from Reading, Pennsylvannia, Dave and Barbara, who back in 2008 were making $22 and $19 an hour respectively working for Baldwin Hardware, a unit of Stanley Black & Decker Corp. Layoffs came, long term unemployment followed, and now the couple are among the tens of millions of Americans who are under employed. They had to run through all their retirement savings to stay afloat, and now they each make $10 an hour; Dave as a janitor and Barbara cleaning houses while she looks for something permanent. 

The American story of lost manufacturing jobs dates back for decades. Bruce Springsteen’s song My Hometown, which is actually about my hometown of Freehold, New Jersey, immortalized the tale of a textile mill closing down, jobs leaving and never coming back, which leads to vacant stores throughout the town. The line ? Foreman says these jobs are going boys and they ain’t coming back” ?has proved to be eerily prophetic, repeated in once thriving manufacturing and industrial communities all across America. 



The Economic Case for Strong Protection for Intellectual Property

Posted: Friday, May 2, 2014 @ 10:00 am | Written by Dr. Kristina Lybecker | 3 comments
| Tags: , , , , , , , ,
Posted in: Dr. Kristina Lybecker, Guest Contributors, International, IP News, IPWatchdog.com Articles

While there is strong evidence that robust intellectual property rights protection fosters economic growth and development, suspicion of stronger intellectual property rights remains front-and-center in the public debate.   This is particularly true in the context of developing countries where some claim that strong IP rights are an obstacle to economic development.  Notably, Brazil and Argentina have led a group of developing countries to propose that “ there should be a presumption against increased international protection of IP rights, allowing ‘higher standards of protection . . . only when it is clearly necessary . . . and where the benefits outweigh the costs of protection.’”[1]

Despite these claims, study after study confirms that strong intellectual property rights are beneficial.  In an UNIDO (United Nations Industrial Development Organization) review of close to 200 studies on intellectual property rights and economic growth, Falvey, Foster and Memedovic (2006) find overwhelming evidence that strong intellectual property rights protection generates economic growth.[2]   Moreover, while the impact depends on the country’s level of development, this powerful result holds true for industrialized and developing nations.  For high-income countries, their analysis concludes that strengthening intellectual property rights leads to growth through increased innovation and technological diffusion.  For middle-income countries, they establish that a more robust IPR environment boosts domestic innovation. Although stronger IPR protection will preclude imitation, domestic firms benefit from technology diffusion through foreign patenting and international trade, all of which can lead to economic growth.  Finally, for low-income countries, the authors conclude that increased IPR protection encourages growth, but the manner in which this is manifest is not yet known.

The bottom line is that decades of study and scores of researchers demonstrate that a robust intellectual property rights regime is beneficial to economic development. Fundamentally, strong IPRs are an essential foundation for long-term growth.  Moreover, this happens through a variety of welfare-enhancing channels, including technology transfer, tacit skill acquisition, education, job creation, wage growth, and foreign direct investment.



Laying the Groundwork for a Reflective IP Strategy

Posted: Wednesday, Apr 16, 2014 @ 8:00 am | Written by Dolly Krishnaswamy | Comments Off
| Tags: , , , , , , , , , , ,
Posted in: Dolly Krishnaswamy, Guest Contributors, IP News, IPWatchdog.com Articles

“Without a strong healthy business nothing else really matters–not even IP.  A successful IP [plan] is one that follows the business and strategizes to meet its goals,” says Cynthia Raposo, Senior Vice President of Underarmour. The questions that need to be answered that go into formulating an intellectual property strategy–like when the company wants a profit, whether it is interested in attracting investors or academic collaborations or buyers, whether it will become a public or global company, what its niche in the market is, how fast developments in the field are– can’t be fully answered without not only consulting the business people, but being on the exact same page as them.

Instead of trying to warp business around IP or thinking about why and when IP might make incentives for business, as has been the case in the scholarly literature, we should start shifting the focus and instead discuss IP strategy in the context of business growth and development. This year at the AIPLA Mid-Winter Institute, the panels allowed us to take a detailed look at seven companies (Underarmour, RedHat, GlobeImmune, Cubist Pharmaceuticals, Harley Davidson, Ventana Medical Systems, and Global Partner Holdings) who have done just that and have progressed from small start-ups to well-known, profitable companies. Their successes emphasize why and how IP strategy should change as the business changes.