Thursday, December 12, 2019

Reflections of John Cabeca, USPTO Silicon Valley Regional Director; United States Patent and Trademark Office (USPTO), December 12, 2019

United States Patent and Trademark Office (USPTO);
Blog by Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Laura Peter

"Recently, I spoke with John Cabeca, USPTO Silicon Valley Regional Director in San Jose, California, about his experience at the USPTO and what’s next for him. John is a 30-plus year veteran of the USPTO. He served in numerous key leadership roles throughout his tenure and has dedicated much of his career working with significant customers of the USPTO on IP matters and through outreach and education programs to help small and large businesses, startups, and entrepreneurs. Over the years, he served the USPTO in important roles, including in the Office of Patent Legal Administration, the Office of Governmental Affairs, and most recently in the Office of the Under Secretary as Regional Director of the Silicon Valley. 

LP: How long has the USPTO had a Silicon Valley Regional Office (SV USPTO) and what is its purpose?

JC: The Silicon Valley office formally opened in October 2015 in the San Jose, California City Hall building. The purpose of the USPTO Silicon Valley Regional Office, and, in fact, all of our regional offices, including Detroit, Denver, and Dallas — is to foster and protect innovation. The regional offices carry out the strategic direction of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and are responsible for leading the USPTO's regional efforts in their designated regions of the United States. As Regional Director, I actively engage the western region’s unique network of industries and entrepreneurs, and tailor the USPTO’s initiatives and programs to their needs. The regional office serves as a hub of outreach and education and offers services and programs readily accessible to inventors, entrepreneurs, and businesses. We also work closely with IP practitioners, community and business leaders, and academic institutions, as well as with federal, state and local governments, to advance the IP needs of the innovation ecosystem throughout the region at all levels.

LP: What states does the SV USPTO cover?
 
JC: The west coast region includes Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington State. Comprising seven states, this is the largest region covering over 1.1 million square miles, as well as some of the most innovative businesses and innovators in the country. In 2019, the west coast region originated more than 37% of all domestic patent applications and 28% of all trademark registrations by U.S. registrants.

LP: How does the public at-large including inventors, entrepreneurs, and brand owners benefit from the SV USPTO?

JC: We are here to help them. We hold events from learning the basics about patents and trademarks, to patent and trademark search workshops, to drafting patent claims, to protecting your IP abroad, to even more advanced IP programs as a CLE provider in the State of California. We welcome walk-ins to our office, will come and speak and educate the public any chance we get about IP, and also have the ability to hold virtual examiner interviews and trial and appeal board hearings in our space. The regional office pages of the USPTO website are constantly updated with new opportunities to visit our offices."

US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders; Billboard, December 10, 2019

, Billboard; US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders

"Canada and Mexico are one step closer to aligning their copyright laws with the U.S. on Tuesday (Dec. 10) after Speaker of the House Nancy Pelosi and President Donald Trump reached an agreement to ratify the trilateral trade deal that will extend copyright term in Canada by 20 years and contains provisions on "Safe Harbor" copyright liability exemptions. The treaty will now have to be ratified by the legislatures of both Canada and Mexico."

Wednesday, December 11, 2019

Elsevier signs first open-access deal in the United States; Science, November 25, 2019

Science News Staff, Science; Elsevier signs first open-access deal in the United States

"Publishing giant Elsevier has signed its first open-access deal with a U.S. institution, Carnegie Mellon University (CMU) in Pittsburgh, Pennsylvania, Inside Higher Ed reports. The arrangement, which CMU announced on 21 November, will allow CMU scholars to publish articles in any Elsevier journal on an immediately free-to-read basis. CMU researchers will also continue to have access to paywalled Elsevier articles, which previous contracts covered with subscription fees.

CMU did not disclose the cost of the arrangement, which has been a sticking point in Elsevier’s open-access negotiations with other research institutions. After the University of California system insisted on a price cut, Elsevier’s negotiations failed in February; in April, a research consortium in Norway cut a deal with Elsevier similar to CMU’s, while agreeing to a price hike. “All I can say is that we achieved the financial objectives we set out to achieve,” Keith Webster, dean of CMU’s university libraries and director of emerging and integrative media initiatives, tells Inside Higher Ed

CMU researchers only publish about 175 papers annually in Elsevier journals. That low volume gives Elsevier an opportunity to test the 4-year arrangement with relatively low financial risk."

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."

The real US patent 'crisis'; The Hill, December 9, 2019

Brian Pomper, The Hill; The real US patent 'crisis'

"The true crisis in our patent system is the dire state of Section 101 jurisprudence, the area of law determining what is and what is not eligible for patent protection. For nearly 150 years, Section 101 of the U.S. Patent Act was interpreted to allow inventions to be patented across broad categories and subject matters. These patents incentivized American R&D and innovation and led to countless technological and medical breakthroughs.

Starting in 2010, however, the Supreme Court issued a series of decisions that have upended longstanding settled law and narrowed the scope of patent-eligible subject matter...

Restoring clear patent rights will be essential to maintaining a strong and healthy U.S. innovation ecosystem...

So yes, patent quality is important, and we must provide the USPTO with the resources it needs to carefully weigh patent applications and make consistent, defensible and predictable decisions. But the real patent crisis we face is the inability of innovators to get patents for their new inventions under Section 101."

FAU sues grad for using an owl logo in tutoring business; The Palm Beach Post, Decemeber 10, 2019

FAU sues grad for using an owl logo in tutoring business


"In the lawsuit filed this week in U.S. District Court, FAU officials claim Neil Parsont intentionally named his business Owl Tutoring and is using an owl logo to confuse students into thinking his private lessons are affiliated with free Owl-to-Owl Tutoring offered at the school."

SpaceX Just Retroactively Put Copyright Restrictions on Its Photos; Motherboard, December 11, 2019

Karl Bode, Motherboard;

SpaceX Just Retroactively Put Copyright Restrictions on Its Photos


"As SpaceX began supplanting NASA in humanity’s quest to explore outer space, Motherboard pondered in 2015 what would happen to the public’s unfettered access to space imagery data (images taken by NASA are in the public domain and can be used by anyone for almost any purpose.) Thankfully, SpaceX soon after made the important decision to offer mission images under a Creative Commons Zero (CC0) License, allowing them to be freely shared and even remixed by anyone. This is the least-restrictive Creative Commons license in existence and allows anyone to use the photos for almost anything (you could, for example, make and sell a photo book or calendar of SpaceX images if you wanted to.)

But a little noticed change to the SpaceX Flickr account this week stripped away the CC0 license affixed to the company’s images, replacing it with an “Attribution-NonCommercial 2.0 Generic” license. That, in turn, imposed notable and potentially confusing restrictions on how those images can be shared and re-used."