Posts Tagged: "Innovation Alliance"

A centerpiece of the America Invents Act (AIA) was the creation of a new quasi-judicial administrative body — the Patent Trial and Appeal Board (PTAB) — to adjudicate patent disputes. The drafters of the AIA intended the PTAB to be a cheaper and faster alternative to district court litigation. They thought that in providing that alternative, the PTAB would encourage…

Senator Thom Tillis has come out on the record in support of Kathi Vidal to be the next Director of the U.S. Patent and Trademark Office (USPTO), on the eve of a Senate Judiciary Committee vote on her confirmation. Despite recent scrutiny of her ties to big tech and Silicon Valley, Tillis in a statement today said that he was satisfied with Vidal’s responses to his “tough questions” during the confirmation hearing process and feels he has received her commitment that she will continue the reforms implemented by former USPTO Director Andrei Iancu.

Without innovation, nothing of consequence happens, or matters, in any technology sector. And without strong patents, much of that innovation will never happen. The innovation we most want for the benefit of society is paradigm-shifting, disruptive innovation that leaps forward. These forward leaps lead to the formation of new start-up companies and frequently to the birth of entirely new industries,…

Representative Nydia Velázquez (D-NY), Senator Mazie K. Hirono (D-HI), Senator Thom Tillis (R-NC), and Congressman Steve Stivers (R-OH) yesterday reintroduced the Inventor Diversity for Economic Advancement Act (IDEA Act), which seeks to direct the United States Patent and Trademark Office (USPTO) “to collect demographic data – including gender, race, military or veteran status, and income level, among others – from patent applicants on a voluntary basis.” Senators Chris Coons (D-DE) and Patrick Leahy (D-VT) are co-sponsors of the legislation.

On January 11, Brian Pomper, Executive Director of the Innovation Alliance, sent a letter to President-elect Biden and Vice President-elect Harris urging support for strong patent rights and outlining Innovation Alliance’s recommendations with respect to the U.S. patent system and the U.S. Patent and Trademark Office (USPTO). The letter emphasized the importance of a strong patent system that incentivizes technological advancement in order to effectively compete with China and explained that the current system is in distress and strong leadership is needed.  

This month, the United States Patent and Trademark Office (USPTO) released a report titled “Progress and Potential: 2020 update on U.S. women inventor- patentees” (the Report). The Report updated a study published last year that outlined trends in women inventors named on U.S. patents from 1976 to 2016. These reports are a result of the Study of Underrepresented Classes Chasing Engineering and Science Success (SUCCESS) Act of 2018, which directed the USPTO to study and report to Congress on the number of patents applied for and obtained: (1) by women, minorities, and veterans; and (2) by small businesses owned by women, minorities, and veterans. As evidenced by the USPTO reports, women are under-represented as inventors of record on USPTO patents, which is least partially due to a general lack of funding available to women inventors. 

The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed legislation. Senators Tillis and Coons, the Subcommittee’s Chairman and Ranking Member, should be commended for holding the hearing and focusing attention on our patent system’s role in promoting American innovation and job creation. As several of the hearing witnesses made clear in their testimony, our patent system has been dangerously weakened in recent years through a series of judicial, legislative, and administrative changes. These changes have undermined patent rights and made it difficult for inventors to protect their innovations from infringement. Meanwhile, our foreign competitors, including China and Europe, have strengthened their patent rights. This has put us at a competitive disadvantage and helped contribute to a trend of both innovation and venture capital increasingly moving overseas. For example, the U.S. share of global venture capital fell from 66% in 2010 to 40% in 2018, while China’s share increased from 12% to 38% in the same time period. And despite more than a decade of economic growth following the Great Recession of 2007-2009, startup formation has failed to return to its pre-recession levels.

This week on Capitol Hill, the House of Representatives is in recess but in the Senate, committee hearings will focus on the rescheduled oversight hearing for the U.S. Copyright Office, regulatory frameworks for cryptocurrencies and blockchain, and implementation of positive train control technologies. Elsewhere in Washington, D.C., the Brookings Institution will look at international threats to American space security while the Center for Strategic and International Studies will host an event with multiple panels exploring innovation and security issues in 5G networks. Today, the U.S. Patent and Trademark Office also hosted an event in Alexandria, VA, discussing the agency’s trademark auditing program.

On February 7, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) released the latest version of its International IP Index assessing the intellectual property environments in 50 world economies. Once again, the United States achieved the top overall ranking as the strongest intellectual property regime in the world. The country’s improved ranking in patent rights—moving from its twelfth-place ranking in 2018 to a tie for second place this year—is particularly notable. However, the United States does find itself tied with 10 other countries for that second-place ranking in patent rights and is just as close to being tied with thirteenth-place Italy as it is to being tied with first-place Singapore.

Almost 100% of the pre-election patent reform lobbying efforts were focused on the campaign, which did not prevail and thus on the morning of November 9 the patent community woke up to being well behind in getting a rapport established with the incoming administration. Don’t be fooled by the seductive image of a drained swamp, those of us in the pro-patent community will need to be pro-active in our engagement with Washington if we want patent reforms that meet our expectations.

On Thursday, December 1, I attended the Innovation Alliance’s panel on Closing the Patent Gender Gap: How Increasing the Number of Women Patent Holders Can Spur U.S. Innovation and Grow the Economy. The panel, which was moderated by the Licensing Manager for the Wisconsin Alumni Research Foundation, Jennifer Gottwald, Ph.D discussed the recent findings of the Institute for Women’s Policy Research and their report on Equity in Innovation: Women Inventors and Patents that was released on November 29, 2016, which explores how women are “underrepresented” among patent holders as well as their relative success in being granted patents when they do apply for them.

Yesterday I moderated a Google Hangout on the topic of patent reform, which was sponsored by the Innovation Alliance’s save the inventor campaign. Joining me for the conversation was United States Senator Chris Coons (D-DE), a member of the Senate Judiciary Committee and the driving force behind the STRONG Patents Act, and Congressman Thomas Massie, an inventor and patent owner who is a member of the House Science, Space and Technology Committee. Our wide ranging conversation addressed whether patents promote or inhibit innovation, the most problematic provisions in the pending patent reform bills, whether patent reform is even necessary, and the inevitable reality that a push for patent reform will remain on the agenda for the foreseeable future.

On Wednesday, October 7, 2015, I will have the honor of interviewing Senator Chris Coons (D-DE) and Congressman Thomas Massie (R-KY) in a live, bipartisan online Google Hangout. Our conversation will discuss pending patent legislation, specifically addressing concerns with the PATENT Act (S. 1137) and the Innovation Act (H.R. 9), which are currently pending in Congress.

Another discrepancy is between the stated legislative goals and the actual proposed language. This is perhaps demonstrated in starkest relief in the “customer stay” provision found in both the Innovation Act bill in the House of Representatives and in the PATENT Act bill in the Senate. It ostensibly would exist to protect downstream customers of a patent infringer, such as a small coffee shop offering Wi-Fi service using a device that unbeknownst to the coffee shop infringes a patent. But while the Senate Judiciary Committee’s summary of the PATENT Act says that the “customer stay is available only to those at the end of the supply chain,” like the coffee shop, the language found in the bill is actually far broader in scope.