Michelle Lee, USPTO Deputy Director and Director Nominee.
Thank you, Wayne, and good morning everyone. Before I begin, I just wanted to say, it’s been a busy week, and that I am beginning to lose my voice, but it means a lot to me to be here today and to speak to you all of you, so I hope you will bear with me and hopefully my voice will hold through the speech.
With that, I’d like to congratulate Q. Todd Dickinson for his successful leadership of AIPLA, and for his past service as Director of the United States Patent and Trademark Office.
We at the USPTO appreciate his support of our agency over the years, and I personally want to thank Todd for his warm welcome of me when I took the helm of the agency in January. I know we all wish him the very best in his future endeavors.
I also want to commend Vince Garlock for his recent stewardship of the Association, and congratulate Wayne for his successful tenure as the 106th president of AIPLA.
A recently published survey by The Atlantic asked a panel of 50 Silicon Valley insiders a variety of questions ranging from what is the most exciting tech start-up at the moment to which tech company is most overvalued. One question in particular was quite intriguing: What is the biggest barrier to innovation in the United States? You might be surprised by the answer.
According to this poll the biggest barriers to innovation in the United States are, in order:
Government regulation/bureaucracy 20%
Immigration policies 16%
Talent shortage 10%
Lack of diversity among tech executives 10%
The need for patent reform 8%
Lack of investment 6%
This survey shows what those in the industry have long known — patent trolls and the need for patent reform are NOT the biggest problems facing the high tech industry in the United States. In fact, 92% of respondents feel that there are other things that are more concerning and a bigger barrier to innovation. But how can this be? The public has been consistently fed the line that patents stifle innovation. How can something that stifles innovation not be the biggest concern, particularly when so many of the tech giants from Silicon Valley have for years blamed the patent system for all their woes? The simple answer is that patents do NOT stifle innovation, but rather patents foster innovation. Those who are intimately familiar with the industry know patents promote innovation regardless of the lies promoted to advance patent reform, vilify innovators and lay the blame for everything at the feet of patent trolls. See also Promoting Innovation: The Economics of Incentives.
Caterpillar Inc. (NYSE: CAT) is a global leader in the creation of heavy industrial equipment, including construction and mining vehicles, headquartered in Peoria, IL. Earlier this morning, Caterpillar released its latest quarterly earnings report, announcing third-quarter earnings of $1.72 a share, compared to $1.45 for the third quarter last year. Wall Street was expecting Caterpillar to announce earnings of approximately $1.32 per share. The full year expectation was revised by Caterpillar to between $6 and $6.50 per share.
This corporation is a leader in the heavy industrial sector, making it a good candidate for the Companies We Follow series. Innovation is strong at Caterpillar and seemingly increasing in scope over the past few months. Some patent applications which we’ve discussed below include technologies for removing environmental pollutants, including nitrogen oxides, from machinery exhaust gas. Another patent application discusses a drive assist system for starting a heavy vehicle while parked on a hill. Many improvements to Caterpillar’s hardware, including an enhanced metallurgy process for casting metal parts, are also featured.
IPWatchdog’s Companies We Follow series has examined the innovations released by Procter & Gamble before, and our recent survey of patent applications published by the U.S. Patent and Trademark Office showed a preponderance of technologies related to skin and hair care. A couple of patent applications we share below discuss novel methods of detecting biomarkers for dandruff in an attempt to treat the issue in patients. One hair care innovation involves a method of coloring hair to achieve the same color effect that creates such a striking appearance in peacocks.
How many patent applications has your company filed today?
Facebook filed at least one patent application today, Oracle filed about 3, Google filed about 5, Microsoft and Apple filed more than 8 each, IBM filed nearly 30 patent applications just today. These are the recent averages per workday anyways. Currently Facebook has more than 450 pending applications, Google has about 3500, Oracle has 3700, Apple has 7000, and Microsoft has 30,000 pending applications. I picked these names to come up with the averages because these names have software heavy portfolios, the type of patents that have been feeling some pressure from both the anti-patent circles and from the Supreme Court – as has been amply covered by IPWatchdog.
If you are a typical new economy small tech company with software and internet centric technology or products, the number of patent applications your company filed today is probably zero. Of course filing and prosecuting patent applications is not cheap and that’s part of the explanation. However it is worth noting that most of the successful companies with software-heavy products, including those in the list above, have been filing patent applications from their very early days. An excellent recent article at IPWatchdog revealed that even an overtly anti-patent company such as Twitter has been indeed filing patent applications from its very early days and have been accumulating a large portfolio through further acquisitions. The fact is that patent protection is a hallmark of a successful innovative business, whether the product is software or not. So, it is startling to see the difference in attitude of the small innovators and the already successful large innovators when it comes to protecting their inventions.
Alternative forms of energy for the generation of electricity is a topic we focus on from time to time here at IPWatchdog. Recently, a team of scientists working at Ohio State University created the world’s solar battery, which includes a solar cell and a battery within a singly hybrid device. These batteries, which could achieve a length of charge comparable to other rechargeable batteries, achieves a cost reduction in utilizing solar energy of about 25 percent. It also reduces the need for any process of transmitting electricity from a solar cell to a battery, in which up to 20 percent of electrons are successfully transmitted to the battery.
We return to the patent databases of the U.S. Patent and Trademark Office to scope out recent innovation from Fujitsu in today’s article. In viewing Fujitsu’s recently filed patent applications, we saw a multitude of inventions in the field of information processing, whether for the analysis of computing processes or virtualization of computing resources on physical servers. A couple of biometrics innovations are discussed, including a system of electrodes meant to detect and prevent a vehicle driver from becoming drowsy. Methods for enhanced online classroom discussions are also explored.
From time to time I am asked to help spread the word about various things. At the present we don’t have an efficient mechanism to do this, but we are currently redesigning the website and will have more flexibility soon.
In any event, here are a few announcements and events worth knowing about.
Happy Hour with Gene Quinn Tuesday, October 21, 2014, 5pm to 7pm, Morristown, NJ
I will be attending meetings in Morristown, NJ, on Tuesday, October 21, 2014. One of my sponsors, Innography, will be sponsoring the free happy hour event. If you are interested in attending please RSVP here.
Innography, offers a proprietary suite of products combines unique correlation and visualization technologies to seamlessly integrate patent data with financial, litigation, market, and other key business information. The programs are always excellent, and the event will likely attract close to 2,500 attorneys from all over the world, as well as many service providers.
Although many inventors believe otherwise, drafting a patent application is not an easy endeavor. Indeed, the United States Supreme Court has described a patent application as one of the most difficult legal instruments to create. There are a great many pitfalls and perils that face anyone who drafts a patent application, particularly inventors who are not intimately familiar with the patent laws and regulations that will apply.
Attorneys are frequently very good at telling would-be entrepreneurs exactly what they should do, but if you have never been an entrepreneur it can be easy to lose sight of the universal truth that no matter how well funded you may be there is never enough money to afford to do everything that needs to be done. Indeed, even if you carefully plan a budget as an entrepreneur you really have to multiple whatever you think you need by a factor of at least 2 or 3 because things will cost more than you assume even if your projections are conservative. For example, it will come as a shock for many entrepreneurs that the cost of electricity for a business is far greater than the cost of the same electricity for a residential customer.