Judge Paul Michel, IPWatchdog; Next PTO Director must have management experience, patent savvy, and leadership skills
"All these ills can be addressed effectively by the PTO’s new Director, provided they have the necessary management experience, patent savvy, and leadership skills. Someone like me who has not run anything larger than a courthouse may lack the needed capabilities, as may someone who has run nothing larger than a litigation team or small law firm. Same for the gifted academics who provide such useful commentary on all matters patent. Same with former Capitol Hill staffers(I was once one myself). They all have their place, but it is not at the helm of America’s 13,000 person innovation agency.
Rather, we need someone from a large company who has shown leadership ability and has a proven record of successfully managing a significant part of a large organization. Of course, the person must also have experience prosecuting, licensing and litigating patents. And, a background in science or engineering. But many patent lawyers have such experiences. Few, however have the necessary management chops.
In my opinion, David Kappos embodied all these attributes to a great degree. And, he came from a long, highly successful career at IBM, where he ran a large operation that depended on using patent skills both for protecting patented inventions and defending against patent assertions by others. A company or law firm that primarily or only employs one or the other strategy is probably not the best talent pool from which to select a PTO Director, because achieving balance between owners and users is the key to success.
Finally, the person should have deep experience with the patent policy debates and the many agency reports and legislative proposals that have roiled the patent community for a decade. Today, those debates continue, unabated."
Monday, June 12, 2017
The Internet Is Where We Share — and Steal — the Best Ideas; New York Times, June 6, 2017
Jenna Wortham, New York Times; The Internet Is Where We Share — and Steal — the Best Ideas
"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.
But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."
"In April, a photograph of Rihanna and Lupita Nyong’o taken at a Miu Miu fashion show three years ago began recirculating online. Their friendly body language and chic clothes (Rihanna wore thigh-highs, fur and leather; Lupita a plum jacket with a jeweled collar) caught the imagination of the internet. A Twitter user named @1800SADGAL suggested that “Rihanna looks like she scams rich white men and Lupita is the computer-smart best friend that helps plan” the scams. People began talking about an “Ocean’s 11”-type film written by and starring black women. Issa Rae was nominated to write the script and Ava DuVernay to direct. All four women chimed in on Twitter, announcing their support, though what that meant seemed unclear. Like any other online frenzy, it disappeared after a few days.
But a few weeks later, Entertainment Weekly reported that the social-media fantasy was actually coming to life: Netflix beat out several bidders at Cannes to buy the concept, which could go into production as early as next year. Viewed one way, this is a tale about how the web has collapsed the distance between audience and creator. But it also raises questions about ownership in the digital age."
Sunday, June 11, 2017
Disney seeks patent to block 3D-printed knockoffs; Orlando Sentinel, June 9, 2017
Paul Brinkmann, Orlando Sentinel; Disney seeks patent to block 3D-printed knockoffs
"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."
"As usual with Disney patents, it’s not clear whether the company actually wants to make the 3D scan-resist figurines, or if it’s just protecting research it has done."
The problem with patents; Winnipeg Free Pres, June 10, 2017
Martin Cash, Winnipeg Free Press; The problem with patents
"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.
He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.
"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"
His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.
It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.
Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""
"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.
He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.
"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"
His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.
It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.
Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""
10 Intellectual Property Strategies For Technology Startups; Forbes, June 6, 2017
Richard Harroch and Neel Chatterjee, Forbes; 10 Intellectual Property Strategies For Technology Startups
"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.
However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.
In this article, we provide 10 critical intellectual property strategies for you to implement."
"Intellectual property issues often are among the most important considerations that a technology startup will encounter. A startup will face numerous issues involving developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does.
However, intellectual property is often the most valuable asset of a technology startup. Protecting intellectual property can be essential to obtaining venture capital funding or preventing competitors from unfairly competing with you.
In this article, we provide 10 critical intellectual property strategies for you to implement."
Friday, June 9, 2017
Webinar: ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement, June 20, 2017
ABA-IPL Landslide Webinar Series: Practical Insights on Software Copyright Registration and Enforcement
ABA-IPL Landslide® Webinar Series
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours
Tuesday, June 20, 2017
1:00 pm - 2:30 pm EST
1.50 General CLE Credit Hours
While copyright law extends significant protection to computer software, creating a robust registration portfolio requires both strategy and creativity. The panel will identify and discuss key issues that arise when obtaining and enforcing copyright registrations in a world where the software to be protected and the infringers to be deterred evolve at a rapid pace. Addressing both Copyright Office guidance and noteworthy judicial decisions, the panelists will provide practical insights that transactional and litigation counsel can use in day-to-day practice.
Panelists:
- Gregory Stein, Ulmer & Berne LLP, Cleveland, OH (Moderator)
- John A Polito, Morgan, Lewis & Bockius LLP, San Francisco, CA
- Karen K Williams, SAP, San Francisco, CA
Intellectual Property 101: What Your Business Needs To Know About Copyright Law; Forbes, June 8, 2017
Art Neill, Forbes; Intellectual Property 101: What Your Business Needs To Know About Copyright Law
Co-authored with Teri Karobonik*
"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products, technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.
Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.
Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play.
In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."
Co-authored with Teri Karobonik*
"Having an understanding of Intellectual Property law (IP) has become an essential skill for starting and growing a business. Many products, technologies, and creative works you make are protected by one of the four types of Intellectual Property Law: copyright, trademark, patent, and trade secret.
Unlike “real property” law, which governs physical property and land (think “real estate”), intellectual property governs the use of creative and technical works as well as brands.
Whether you’re interested in reusing content from others, or trying to protect your own content and ideas, it’s critical that you understand which types of Intellectual Property might be in play.
In the first part of this four part series, we’ll break down one of 4 main types of intellectual property, Copyright, and explain..."
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