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Posts Tagged: "marshall phelps"
While the goal of developing a US innovation policy bolstered by strong IP protections was the focus of the event it was clear that competition with China, who clearly has set their own innovation agenda on a country-wide level, created a clear sense of urgency in the discussions… Generally speaking, the panelists felt that the actions of the last few years had inflicted serious damage on the reliability of patent rights in the US and created substantial doubt about what those rights were worth economically with the changes. The panel was overwhelmingly in favor of making significant changes to the current environment especially with regard to the proceeding at the PTAB.
Instead of following the same IP plan year after year, IP managers should focus their strategy on aligning their IP with their business, including developing a more concise IP plan, and switch to using smarter and modern analytics… IP managers must: (1) Start with the end in mind: IP is the business; (2) Build a plan, measure and manage and continuous improvement; and (3) Create an environment where your IP and business execs have access to timely actionable intelligence to support their decisions and strategies.
USC’s new course is premised on the notion that IP questions lie at the heart of a great many areas of modern life today — From Silicon Valley startups to Fortune 500 board rooms, from MIT engineering labs to Wall Street trading desks, and from industry trade conferences to the trade policy debates raging in Congress. Indeed, it is difficult to pick up a newspaper, or read any online magazine, without reading news about how intellectual property is impacting daily life and business… The brainchild of USC President C. L. Max Nikias and billionaire medical inventor Dr. Gary Michelson, USC new undergrad course in intellectual property — named The Entrepreneur’s Guide to Intellectual Property — just launched this fall. Taught by Kirkland & Ellis partner Luke Dauchot, with a phalanx of IP luminaries as guest speakers —including Marshall Phelps, former USPTO director David Kappos, Facebook IP chief Allen Lo, Dolby General Counsel Andy Sherman, and Xiaomi chief of IP strategy Paul Lin, among others.
Today, most Americans don’t realize how vital the patent system is to their standard of living. But the founding fathers certainly did. That’s why they very consciously set out to construct the world’s first DEMOCRATIZED patent system that would do what no other patent system in the world had done before; stimulate the inventive genius of the common man… I would call for patience, because I believe history has shown that the system self-corrects and will likely do so again. But in our zeal for the perfect system, remember, the perfect is the enemy of the good. So be careful what you wish for.
Typically, the reform debate over the U.S. patent system features smaller players, but America’s largest tech firms also have issues with the patent system, which go way beyond any single company’s ability to sustain success… Leading off the panel’s remarks was Manny Schecter, chief patent counsel for IBM, who noted that innovation is a risk-bearing operation. “The likelihood that you ever make an investment [into research & development] is based on the return you anticipate on getting in that investment,” Schecter said. Any reduction to the anticipated return caused by uncertainty in IP policy discourages R&D investment. Schecter added that one of the ways in which intellectual property promotes innovation is by preventing others from taking innovations which are not their own. “We want to minimize or control uncertainty in the IP space if we want to maintain an IP surplus and promote the viability of the economy,” he said.
Former Cisco CTO, Charles Henery Giancarlo, explained that it was understood that individuals would not be able to manufacture and would need to license their rights to others. “It was specifically contemplated that this would engender a licensing industry with respect to patents.” Indeed, Phelps would later point out that 70% of early U.S. inventors did not even graduate high school. Thus, the founding fathers purposefully set up a system that had unique attributes: “it was cheap so everyone could use it,” Phelps explained. And the founding fathers also knew that the patent system they were creating would lead to individuals obtaining patents on their inventions and those individuals would not be able to manufacture, but would instead license those rights to others. But today “patents are suddenly pro-competitive only if you are a manufacturer,” Self explained.
It will be interesting to see how ipCreate and AOP combine forces and even more interesting to see the technologies that come from ipCreate’s collaboration with global tech brands. ipCreate’s invention on demand model could also become an important vehicle for overcoming the widely-reported “innovation slowdown” in Silicon Valley, where many large tech companies no longer invent new products in-house but rather use their large cash reserves to buy other companies and their innovation.
IPXI is the first financial exchange that facilitates non-exclusive licensing and trading of intellectual property rights with market-based pricing and standardized terms. Earlier this week word came from the Intellectual Property Exchange International Inc. (IPXI) that the U.S. Department of Justice Antitrust Division issued its Business Review Letter (BRL) upon the culmination of its eight-month review. The DOJ believes that the IP Exchange business model proposed by IPXI is capable of producing market efficiencies in the patent licensing arena and is likely to be pro-innovation. Although no permission is required of the DOJ before IPXI opens its exchange, having this review of the DOJ Antitrust Division complete has to make IPXI and Exchange participants much more at ease as the move closer toward their attempt to revolutionize IP licensing.
The other reason AOP has been so success is also eluded to in Phelps’ quote above as well. Article One runs a “human network.” When I asked Cheryl what made Article One so successful she immediately responded “our researchers.” Indeed, their researchers are what makes the system work, and they have well over 1 million people registered as researchers and well over 23,000 active researchers who routinely submit prior art. These researchers are located all across the world, with roughly one-thrid in the United States, roughly another one-third in Europe, about 10% in Japan and the rest spread elsewhere around the globe. In addition to this geographic diversity, nearly 50% of researchers hold advanced degrees.
As a result of this announcement today, AOP will help Appsterdam accomplish the organizations mandate of supporting ongoing innovation and business success in the mobile app development community through research projects sent to its global, diverse and highly educated community. The Appsterdam Foundation attorneys and developers will work with AOP to conduct patent research, harnessing the global reach of the AOP community, which has been used by many Fortune 500 companies to locate prior art that can be used against patents asserted against them. While note every search conducted by Article One results in prior art that can be used to invalidate patent claims, many searches have found prior art that is then used in both federal court and at the United States Patent and Trademark Office during reexamination proceedings.
Article One Partners (AOP), the world’s largest patent research community, earlier today announced that the company has achieved a significant milestone — more than $2 million dollars in financial incentives to its global research community. This milestone comes 11 months to the day from when Article One announced that they had reached the $1 million award milestone.
Over the years IPWatchdog.com has continued to try and add additional perspectives from a wide variety of guest contributors, ranging from well respected practicing attorneys and agents to high profile academics to inventors and pro-patent lobbyists. It is hard to imagine providing such depth of analysis on such an array of topics without having truly wonderful guest authors. So we take this moment to say a very special thank you and to shine the spotlight on them. Each deserve to share in any recognition of IPWatchdog.com. Without further ado, here are the guest contributors in alphabetical order, along with their contributions for 2011.
The truth is that Google bought a great deal more than patents when it acquired Motorola, though there are doubtless some real gems in the Motorola portfolio. As a relative newcomer to the wireless arena, the search giant in one bold move got its hands on the unmatched innovation experience of the longest-lived mobile phone company on earth. The technical acumen and product experience of those thousands of mobile software and hardware engineers will prove hugely valuable to Google as it seeks to dominate the $250 billion global market in smartphones, especially if it decides to become a handset maker as Motorola had been.
On Monday, March 7, 2011, Article One Partners announced that it had surpassed the $1 Million milestone and has now distributed over $1 million in reward money to Advisors. It would seem that Article One Partners is growing and thriving, and that my initial reaction to the Article One Partners business model was incorrect. In fact, Article One Partners is likely just scratching the surface of its potential and demonstrating the power of coordinated crowd sourcing solutions.
Former Head of Patents at Microsoft and IBM, Marshall Phelps, Appointed to Article One Partners Board of Directors New York — February 1, 2010 — Article One Partners, the world’s largest patent validation firm, today announced the appointment of Marshall Phelps to its Board of Directors. The Director position with Article One is Phelps’ first board involvement within the IP…
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