Posts Tagged: "2008 Berkeley Patent Survey"

Winning the Future: How States Can Promote Innovation

One approach to promoting IP protection at the State/regional level would be for the State/incubators to create targeted “IP Protection Funds.” These Funds could be used to both educate the entrepreneurial community about IP protection and to finance protection for qualifying local startup companies. For example, the fund may directly pay IP legal fees, either as grants or convertible loans, on behalf of a startup, thereby ensuring that IP protection is an integral focus of the company. Administration of the Funds, along with company qualification, may be handled through the grass-roots incubator networks that are already actively counseling the startup community. Such a Fund may also serve to bridge the gap between the under-funded start-ups that desperately need IP protection (yet do not always value it), and the patent practitioner community that is sometimes reluctant to accept under-funded ventures as clients.

Start-Up Reality: No Patent = No Funding, No Business, No Jobs

The log jam in patents issuances is not the only impediment to start-up job creation. Although it is certainly a big one. Tax and regulatory burdens on start ups have reached a critical mass in the last 10 years. A fact recognized by President Obama when he signed an Executive order last Tuesday ordering the removal of burdensome regulatory rules on business. Also a problem are the post 9-11 immigration policies that are driving many of the world’s best and brightest scientists and engineers to other countries. But the biggest job killer beside the patent backlog is the systemic destruction of our high tech manufacturing capacity.

Why Patents Matter for Job Creation and Economic Growth

According to Pascal Levensohn, Managing Partner of Levensohn Venture Partners, the problem with the US economy is the lack of Initial Public Offerings. He opines that without an increase in IPOs in the United States it will be difficult, if not impossible, to see the economic growth that we want. Without economic growth there will be no job creation, and the sluggish US economy will continue on its anemic path. He suggests that the best way to increase IPOs is to increase venture capital and make it more attractive. He writes that is our leaders really wanted to fix the job problem in America “there would be no higher legislative priority than promoting regulatory and tax reform to stimulate new capital formation and venture capital in the U.S.”

Patents in the Real World

But looking back, what strikes me is the surprisingly-variable role that patents played in the growth and success of the half-dozen trailblazing startup companies that I helped lead. For these startups, which collectively created more than 2,500 jobs, I raised approximately $1 billion from strategic and venture investors (who ended up with $3 billion in returns). And in the majority of cases, owning patents proved to be crucial to the funding and commercial success of my startup. But this wasn’t always the case. In several startups, patents were almost completely irrelevant to either the financing or the ultimate fate of the company. Understanding why this was so may offer some insights into both the value and the limitations of patenting.

Absurd WSJ Article Suggests Argues for Slower Patent Process

Those who don’t believe innovation leads to job creation have their heads firmly implanted in the sand and simply must choose to ignore history, which proves otherwise. It is flat out irresponsible to suggest that speeding up the process at the USPTO would be anything other than one darn good idea, and practically essential to the resurgence of the US economy. The authors and the Wall Street Journal should be ashamed of themselves. We all should expect more from one of the Nation’s papers of record.