Defying the doubters; United States Patent and Trademark Office (USPTO), 2019

United States Patent and Trademark Office (USPTO);

Defying the doubters

"Inspired by his father and his eighth-grade science teacher, Bob Metcalfe developed an early interest in science and engineering. While pursuing these passions as an adult, he decided to minimize the number of wires needed to connect office computers to printers and the internet. In a 1973 memo, Metcalfe proposed his idea of the Ethernet as a solution. What followed was a long but successful journey to develop, patent, and commercialize this wire, which is used today all over the world.

"Inspired by his father and his eighth-grade science teacher, Bob Metcalfe developed an early interest in science and engineering. While pursuing these passions as an adult, he decided to minimize the number of wires needed to connect office computers to printers and the internet. In a 1973 memo, Metcalfe proposed his idea of the Ethernet as a solution. What followed was a long but successful journey to develop, patent, and commercialize this wire, which is used today all over the world."

Lack of women inventors could hurt innovation, US patent office says; CNet, February 12, 2019

Erin Carson, CNet; Lack of women inventors could hurt innovation, US patent office says

"More women are filing patents, but they still have a long way to go in terms of representation among inventors, according to a report out Monday from the US Patent and Trademark Office.

The report, titled Progress and Potential: A profile of women inventors on US patents, found that while the share of patents that include at least one woman listed as an inventor rose from 7 percent in the 1980s to 21 percent in 2016, women accounted for only 12 percent of inventors in 2016. 

"Harnessing underexploited talent in these groups would be valuable to spurring innovation and driving growth," reads the report, whose release coincided with the International Day of Women and Girls in Science. It refers to the idea of "lost Einsteins," or people who could have made valuable contributions had they been exposed to "innovation and inventor role models."" 

The Role Of The Centre For Data Ethics And Innovation - What It Means For The UK; Mondaq, January 22, 2019

Jocelyn S. Paulley and David Brennan, Gowling WLG, Mondaq; The Role Of The Centre For Data Ethics And Innovation - What It Means For The UK

"What is the CDEI's role?

The CDEI will operate as an independent advisor to the government and will be led by an independent board of expert members with three core functions³:

• analysing and anticipating risks and opportunities such as gaps in governance and regulation that could impede the ethical and innovative deployment of data and AI;
• agreeing and articulating best practice such as codes of conduct and standards that can guide ethical and innovative uses of AI; and
• advising government on the need for action including specific policy or regulatory actions required to address or prevent barriers to innovative and ethical uses of data.

As part of providing these functions, the CDEI will operate under the following principles;

• appropriately balance objectives for ethical and innovative uses of data and AI to ensure they deliver the greatest benefit for society and the economy;
• take into account the economic implications of its advice, including the UK's attractiveness as a place to invest in the development of data-driven technologies;
• provide advice that is independent, impartial, proportionate and evidence-based; and
• work closely with existing regulators and other institutions to ensure clarity and consistency of guidance

The CDEI's first project will be exploring the use of data in shaping people's online experiences and investigating the potential for bias in decisions made using algorithms. It will also publish its first strategy document by spring 2019 where it will set out how it proposes to operate with other organisations and other institutions recently announced by the government, namely the AI Council and the Office for AI."

Five Lessons From The Toy Wars: How Intellectual Property Laws Can Restrict Your Career Mobility; Forbes, September 23, 2018

Michael B. Arthur, Forbes; Five Lessons From The Toy Wars: How Intellectual Property Laws Can Restrict Your Career Mobility

"Orly Lobel’s new book You Don’t Own Me recounts the knock-down, drag-out and still unfinished "toy wars" between Mattel, distributor of Barbie dolls, and nearby rival MGA Entertainment, distributor of the Bratz collection. The book shows how those wars “challenge the right and freedom to leave jobs, compete with incumbent companies, control ideas and innovate.” What Lobel calls "the criminalization of employment mobility" is a serious problem, and this article offers some first steps to protect yourself from its grasp."

IBM makes millions off patents, but it could make billions with open source; TechRepublic, August 24, 2018

Matt Asay, TechRepublic;

IBM makes millions off patents, but it could make billions with open source

"While patent collectors will often claim that their portfolio is a good indicator of the deep research and development they do, rarely do we see patent heft translate directly into product success. Why? Because rarely do products succeed simply because of technical merit.

Instead, the most successful companies are those that can execute (sales, marketing, etc.) around a product, whatever its technical merits. In this area, IBM has largely failed over the last decade...

IBM has long been one of the pioneers in open source software, which is where most usable innovation seems to be happening today. From TensorFlow to Apache Kafka to Kubernetes, if IBM wants to compete with modern technology giants like Google and Microsoft, it needs to innovate in the same way they do, too. Yes, they still gather patents, but their more interesting work emerges as open source software."

Intellectual property, not intellectual monopoly; Brookings, July 11, 2018

Zia Qureshi, Brookings; 

Intellectual property, not intellectual monopoly

"Editor's Note: This op-ed was originally published by Project Syndicate.

“The copyright and patent laws we have today look more like intellectual monopoly than intellectual property,” wrote Brink Lindsey and Steven Teles in their recent book about the U.S. economy. Concerns about overprotection of intellectual property acting as a barrier to innovation and its diffusion are not new. But they have gained greater salience now that knowledge has emerged as a dominant driver of economic activity and competitive advantage.

Digital technologies have enabled the emergence of an “intangible economy,” based on soft assets like algorithms and lines of code, rather than physical assets like buildings and machinery. In this environment, intellectual-property rules can now make or break business models and reshape societies, as they determine how economic gains are shared."

Equity pending: Why so few women receive patents; The Christian Science Monitor, July 2, 2018

E'oin O'Carroll, The Christian Science Monitor; Equity pending: Why so few women receive patents

"The causes for the gender gap are varied and complex, but much of it can be explained by women’s underrepresentation in patent-intensive jobs, particularly engineering. Research shows women make up roughly 20 percent of graduates from engineering schools, but hold less than 15 percent of engineering jobs. Female engineering grads are not entering the field at the same rate as their male counterparts, and they are leaving in far greater numbers.

“It’s the climate,” says Nadya Fouad, a professor of educational psychology at the University of Wisconsin-Milwaukee. “The organizational environment is very unforgiving.”

Professor Fouad, who spent three years surveying women with engineering degrees about their career choices, cites inflexible schedules, a lack of opportunities for advancement, and incivility toward women. “It’s not the women’s fault,” she says, noting that she found no difference in levels of confidence in those who stayed and those who left.

Other barriers women face are an absence of supportive social networks and implicit bias on the part of venture capitalists."

Nathan Myhrvold: ‘Nasa doesn’t want to admit it’s wrong about asteroids’; The Observer via The Guardian, June 24, 2018

Zoe Corbyn, The Observer via The Guardian; Nathan Myhrvold: ‘Nasa doesn’t want to admit it’s wrong about asteroids’

"In 2000, you left Microsoft and set up Intellectual Ventures, which primarily buys and licenses patents. The business is often vilified as one of the world’s biggest “patent trolls”. Why do you think people find it so loathsome? 

I fundamentally think what we do is good. It is hard for me to get too worked up about figuring out why it is bad. Any patent holder who enforces their rights gets called a patent troll. Silicon Valley feels very threatened by anything that could challenge its authority. If you are one of the big companies, like Google or Apple, almost no one can challenge you in the market that you’re in. But if somebody has a patent, they can ask for a bunch of money. The more you can get a return from an invention, the better off the world will be. It will lead to more inventions being funded and more inventing...

President Trump is going after China’s intellectual property theft. Given your experience, can he succeed in curbing it? 

The theft of intellectual property by Chinese companies is a very serious issue. It’s not just private companies in China or little companies. A large amount of it is state-owned enterprise. So, it really is the Chinese government doing it. Exactly how to solve that issue, I don’t know. You need the Chinese government to be very serious about it, but so far they haven’t been. In my experience in business, you mostly do better with negotiating in quiet diplomacy, not with brinksmanship. But I’ve never built luxury hotels and golf courses. Maybe it is different there."

Statement on Steps to Protect Domestic Technology and Intellectual Property from China’s Discriminatory and Burdensome Trade Practices; Press Release, The White House, May 29, 2018

Press Release, The White House; 

Statement on Steps to Protect Domestic Technology and Intellectual Property from China’s Discriminatory and Burdensome Trade Practices

"On March 22, 2018, the President signed a memorandum announcing that the United States would take multiple steps to protect domestic technology and intellectual property from certain discriminatory and burdensome trade practices by China.  These actions were announced following a report of the Office of the U.S. Trade Representative regarding China’s practices with respect to technology transfer, intellectual property, and innovation.  In accordance with the March 22 memorandum, the President has been updated on the progress of the announced actions as follows:

1. To protect our national security, the United States will implement specific investment restrictions and enhanced export controls for Chinese persons and entities related to the acquisition of industrially significant technology.  The proposed investment restrictions and enhanced export controls will be announced by June 30, 2018, and they will be implemented shortly thereafter.
2. The United States will continue to pursue litigation at the World Trade Organization for violations of the Agreement on Trade-Related Aspects of Intellectual Property Rights based on China’s discriminatory practices for licensing intellectual property.  The United States filed the case regarding these violations on March 23, 2018.
3. Under Section 301 of the Trade Act of 1974, the United States will impose a 25 percent tariff on $50 billion of goods imported from China containing industrially significant technology, including those related to the “Made in China 2025” program.  The final list of covered imports will be announced by June 15, 2018, and tariffs will be imposed on those imports shortly thereafter.

In addition, the United States will continue efforts to protect domestic technology and intellectual property, stop noneconomic transfers of industrially significant technology and intellectual property to China, and enhance access to the Chinese market.  Likewise, the United States will request that China remove all of its many trade barriers, including non-monetary trade barriers, which make it both difficult and unfair to do business there.  The United States will request that tariffs and taxes between the two countries be reciprocal in nature and value.  Discussions with China will continue on these topics, and the United States looks forward to resolving long-standing structural issues and expanding our exports by eliminating China’s severe import restrictions."

Meet IP Nani, Modi Government's Intellectual Property Mascot; India Times, May 17, 2018

Bobins Abraham, India Times; Meet IP Nani, Modi Government's Intellectual Property Mascot

"Minister of Commerce and Industry Shri Suresh Prabhu has launched the government's Intellectual Property (IP) mascot – IP Nani – at the conference on National Intellectual Property Rights Policy in New Delhi. 

Speaking on the occasion, the Minister said that protection of Intellectual Property Rights is critical for building a knowledge-based society...

Mascot IP Nani is a tech-savvy grandmother who helps the government and enforcement agencies in combating IP crimes with the help of her grandson “Chhotu” aka Aditya. The IP mascot will spread awareness about the importance of Intellectual Property Rights (IPRs) among people, especially children, in an interesting manner."

China has shot far ahead of the US on deep-learning patents; Quartz, March 2, 2018

Echo Huang, Quartz; China has shot far ahead of the US on deep-learning patents

"China is outdoing the US in some kinds of AI-related intellectual property, according to a report published in mid-February by US business research firm CB Insights. The number of patents with the words “artificial intelligence” and “deep learning” published in China has grown faster than those published in the US, particularly in 2017, the firm found. Publication is a step that comes after applications are filed but before a patent is granted. The firm looked at data from the European patent office.

When it comes to deep learning—an advanced subset of machine learning, which uses algorithms to identify complex patterns in large amounts of data—China has six times more patent publications than the US, noted the report (pdf, p.7)...

...[W]hen it comes to patents using the term “machine learning,” often conflated with the term AI, China still lags behind. Searching patents for “machine learning” found the US had 882 related patent publications while China had 77 in 2017."

Happy birthday open source: A look back at the software that's pushing tech forward; TechRepublic, February 7, 2018

Jack Wallen, TechRepublic; Happy birthday open source: A look back at the software that's pushing tech forward

"Twenty years. It's been 20 years since the Open Source Definition (based on the Debian Free Software Guidelines) was published. That definition sought to uphold 10 ideas:

• A license shall not restrict free redistribution
• The source code must be included with the program
• The license must allow for derived works
• The license protects the integrity of the author's source code
• No discrimination against persons or groups
• No discrimination against fields of endeavor
• The rights attached to the program must apply to all to whom the program is redistributed
• License must not be specific to a product
• License must not restrict other software
• License must be technology-neutral

From that original definition, the idea of "free" (as in "freedom," not "price") software was born. In part, because of the Open Source Definition, plenty of game-changing software has been developed."

"Let's Hear Some Ideas"; Bizarro, August 15, 2017

Dan Piraro, Bizarro; "Let's Hear Some Ideas!"

Canada’s intellectual property strategy must play to the country’s strengths; The Globe and Mail, August 4, 2017

Dan Breznitz and Mark Fox, The Globe and Mail; Canada’s intellectual property strategy must play to the country’s strengths

"In the last 40 years, Canada has been acting as the open-source laboratory of the world – we funded and conducted the research, that is the prior art – and foreigners gladly patented it, gaining the property rights and profits. Nowhere is this disturbing phenomena clearer then in Artificial Intelligence. It is high time that Canada defend the openness of our open science and, at the same time, achieve all three of our national IP strategy goals: 1) generate and own more, and higher quality, patents; 2) defend and expand the freedom to operate for current and future Canadian entrepreneurs and companies; 3) educate Canadians to become the world's savviest users and producers of IPR."

Open Data And The Fight Against Disease; HuffPost, June 8, 2017

Adi Gaskell, HuffPost; Open Data And The Fight Against Disease

"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe.  The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.

The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.

Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."

The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation; Harvard Business Review, June 2, 2017

Larry Downes, Harvard Business Review; The U.S. Supreme Court Is Reining in Patent Trolls, Which Is a Win for Innovation

"In the last week, the U.S. Supreme Court issued two important rulings limiting patent rights. The decisions, which were both unanimous, significantly scaled back the ability of patent holders to slow innovation by competitors, tipping scales that many legal scholars believe have become badly imbalanced."

Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017; U.S. Patent & Trademark Office, April 26, 2017

U.S. Patent & Trademark Office; Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017

"Remarks by Director Michelle K. Lee to Commemorate World IP Day 2017

For more than two centuries, the United States of America has promoted and protected intellectual property rights. In the process, we have made revolutionary advances in science and technology. We have become a global leader in innovation, and we have helped create a strong IP system throughout the world. The USPTO is committed to continue working with the IP offices of the world to ensure that all of our IP systems continue to foster innovation.

The theme of this year’s World IP Day—improving lives through innovation—could not be more relevant. We have seen the profound impact that good ideas, protected through a world-class IP system, can have on humanity. From new and powerful technology that we can wear on our wrists and carry in our pockets, to new methods of diagnosing and treating disease, intellectual property can not only improve lives, it can save lives. It can also create new jobs and grow our economy, which is why we must always ensure that our IP system supports small businesses, startups, and individual inventors. Rewarding new ideas with IP rights guarantees that new improvements keep coming. In fact one of you may hold the next idea that could shape our lives for years to come.

So, please, get out there and invent and create. And don’t forget to protect your great ideas. Thank you for being a part of World IP Day!"

McGill institute takes open science to a new level; University Affairs/Affaires universitaires, April 19, 2017

Tim Lougheed, University Affairs/Affaires universitaires; 

McGill institute takes open science to a new level

"According to Richard Gold, a professor in McGill’s faculty of law, that steep price tag should not surprise advocates of what has been dubbed the open science initiative. These advocates regularly invoke the mantra that “knowledge wants to be free,” but such freedom comes with a daunting checklist that can only be completed by paying for a great deal of time, talent and physical resources.

“The data has to be collected, you have to make sense of it, curate it, you have to build the software, you have to have the hardware to deliver it, you have to make sure the format of the data is what people want, that it’s precise enough, that we’re transparent about how the data was collected,” says Dr. Gold...

For his part, Dr. Rouleau has seen little to suggest that the effect will be anything but positive for all concerned. During early consultations with the research community, he was greeted by a range of responses to this attempt to resolve what he calls the “perverse effect” of intellectual property."

'Edison", Frank and Ernest by Thaves, GoComics, March 20, 2017

Frank and Ernest by Thaves, Go Comics; "Edison"

Patents Are A Big Part Of Why We Can’t Own Nice Things: the Supreme Court Should Fix That; Electronic Frontier Foundation (EFF), March 21, 2017

Kerry Sheehan, Electronic Frontier Foundation (EFF); 

Patents Are A Big Part Of Why We Can’t Own Nice Things: the Supreme Court Should Fix That

"Today, the Supreme Court heard arguments in a case that could allow companies to keep a dead hand of control over their products, even after you buy them.  The case, Impression Products v. Lexmark International, is on appeal from the Court of Appeals for the Federal Circuit, who last year affirmed its own precedent allowing patent holders to restrict how consumers can use the products they buy. That decision, and the precedent it relied on, departs from long established legal rules that safeguard consumers and enable innovation."