The New Year is here and already in full swing for the most part, although it is now time to go back to work. Having Christmas and New Year’s Day on a Wednesday really caused the business world to go into a prolonged shutdown it seemed, with some people take time off early in the week, some later in the week, some the whole week. So now we are all back and ready to go!
It is that time of the year where we all start to look ahead to the new year, perhaps making some New Year resolutions that are sure to last for at least a few days. To switch things up a bit, several years ago I contacted a number of my industry contacts to ask them what they wish for moving into the New Year. See, for example, Industry Insiders Make Patent Wishes for 2012. This has become rather popular and persisted. This year we have a host of industry experts who participated. Over and over again the theme that emerges is that the patent bashing will stop.
So what is your wish for 2013?
Without further ado, here are the wishes of some elite members of the patent and innovation community for 2013.
It is that time of the year where we all start to look ahead to the new year, perhaps making some New Year resolutions that are sure to last for at least a few days. Over the past several years I write an article titled “Patent Wishes,” and two years ago I contacted a number of my industry contacts to ask them what they wish for moving into the New Year. See Industry Insiders Make Patent Wishes for 2010.
With that in mind I once again contacted some of my friends to get them to go on the record with their patent and innovation related wishes for 2012. I was lucky enough to get a number of very thoughtful responses from individuals with a variety of experiences.
So without further ado, here are the wishes of some industry insiders for 2012. Please feel free to add your own wishes to the comments, and stay tuned for my annual Patent Wishes article where I write about my own wishes for the year ahead.
EDITORIAL NOTE: What follows is a portion of a longer essay by Ron Katznelson, which contains more information including statistical data on the work of the U.S. Patent Office. It is published first here as an article with the permission of Dr. Katznelson.
When asked what wishes pertaining to patents I have for the New Year, I began thinking about the large number of problem areas for which I wish fundamental change, improvements and solutions. The problem list grew longer but all have a single common underlying cause. All of the problems would likely not have developed had the U.S. patent office been functional and timely in granting quality patents. For the most part, past actual and perceived USPTO dysfunction stem from long-term failure to invest in our Nation’s patent examiner corps. This is the reason that for this New Year, I make my wishes for the USPTO Patent Examiner.
Yesterday I published my Patent Wishes for 2010. Those things identified were largely industry wide wishes or desires and did not focus on any particular category or classification of invention. I wrote about how the monstrosity of an obviousness test we are hobbled with thanks to the Supreme Court’s KSR decision must be changed and how Congress needs to take their head out of the sand and fund the Patent Office adequately. These and the other things I wrote about would benefit the patent system as a whole and assist the Patent Office in streamlining the patent process, which benefits everyone.
Notwithstanding, there were a few things I purposefully did not include in my 2010 wishes. The word “wish” does not really capture the essence or depth of the magnitude of the desire I have for a few certain, industry specific events that will take place at some point during 2010. So rather than “wish” for certain things I thought it might be appropriate to beg for them instead. Thus, I beseechingly request the following: (1) a decision from the Supreme Court in Bilski that does no damage; and (2) an end to the nonsense surrounding gene patents and biologics. I also wish with the utmost urgency that the City of Alexandria stop issuing parking tickets after hours. After attending the USPTO Inventors Conference I received a parking ticket at 8:27 pm, while parked at a meter requiring payment only until 5 pm. I challenged, and lost, which cost me an extra $10. Go figure!
It is that time of the year when everyone has made or is making resolutions for the new year, most of which will undoubtedly be broken within a few days or weeks, particularly those promises to lose weight, exercise more or find more time for unwinding and better managing stress. All are things I hope to do in the new year, but it will be so much easier to lose weight once football season is over, and exercising will be easier when it is a little warmer outside and the days are longer. On top of that, after taking time off for the holidays how can anyone really manage stress when you come back from the holidays to a pile of work? Oh well… I might as well take this opportunity to set forth my Patent Wishes for 2010 instead of engage in resolutions sure to be broken.
Last year I provided 5 wishes, 2 of which came true — Obama appointing a Patent Attorney and the withdraw of the claims and continuations rules. The Patent Office also adopted several suggestions I made throughout the year, or they came up with the same ideas on their own, who knows? Whatever the case may be, I am hoping that this year I will get at least a few of my wishes granted, but at least some require Congressional cooperation, so I am not going to do anything silly like hold my breath, although I am sure some would like that! All I can do is give good ideas and hope folks in the right places are listening, which I suspect they are.
Without further ado, here are my patent wishes for 2010:
Repeal KSR v. Teleflex
Adequate Funding for the Patent and Trademark Office
Reform Inequitable Conduct
Do away with Examination Support Documents
Acceleration for Those Without Multiple Applications
It is that time of the year where we all start to look ahead to the new year, and in this case the start of a new decade. Last year I wrote an article titled Patent Wishes for the New Year, and I have been working on my wish list already and will launch the article soon, likely on December 31, as I did last year. I thought it might be interesting to contact a variety of industry news makers, policy wonks and those on the front lines to see what they wish for in the year ahead. I was lucky enough to get a handful of responses from folks with a variety of experiences. So without further ado, here are the wishes of some industry insiders for 2010.
Jim Greenwood is President & CEO of The Biotechnology Industry Organization (BIO). Mr. Greenwood previously represented Pennsylvania’s Eighth Congressional District for six terms in the United States House of Representatives.
BIO’s wish for 2010 is that patent policy stays focused on promoting innovation, job growth, and American competitiveness.
As we enter 2010 facing continuing high levels of unemployment, and with an economic ship trying to right itself after one of the deepest recessions in modern history, it is imperative that policy makers respect the fundamental role that strong and predictable patent protection plays in fostering biotechnology innovation, high-skill and high-paying jobs, and American global competitiveness. From the war on cancer to the war on climate change, from agricultural and environmental sustainability to eradicating world hunger, strong and predictable patent protection is a key part of the solution to the world’s most pressing challenges. America must reject the arguments of those who believe patents stand in the way of solving these problems, and must instead stand firm in support of intellectual property rights at home and abroad.
Robert Plotkin, author of "The Genie in the Machine"
Critics of software patents often argue that software should not be patentable because software is too “abstract” to be patented. The patent system was created to protect nuts-and-bolts machines like the steam engine and the cotton gin, not “intangible” creations like software, so the argument goes. In this article I will argue that not only should software be patentable, but that inventions that are even more “abstract” should be patentable – inventions that I call “wishes” in my recent book, The Genie in the Machine: How Computer-Automated Inventing is Revolutionizing Law and Business.
It is that time of the year when everyone makes their resolutions, most of which are sure to be broken almost immediately in most cases, particularly when the resolution deals with losing weight or exercising. Not to be deterred, I have made both of those resolutions myself and I am cautiously optimistic about the likelihood that I will stay the course and make it happen this year. Albert Einstein once said that the definition of insanity is doing the same thing over and over again and expecting different results, so all of us who are making resolutions likely know the reality of what is in front of us, but we do it all the same because at this time of the year hope springs eternal and for at least a few days we can believe that things will be different in the new year ahead. Hope is a wonderful thing and I am filled with hope for my personal circumstance, but also full of hope that 2009 might actually be the year that the US patent system turns the corner and we start to rebuild, rising like a phoenix from the ashes. With this in mind, here are my patent wishes for the new year. Most are probably as likely to happen as my keeping my own resolutions, but you need to start with hope and then have belief and an amount of hard work and anything is possible, right?