Alice has an idea. Independently, Bob has the same idea. Neither one has ever talked to the other. Alice develops her idea and on January 1, files for a patent on it. Bob develops his idea and files for a patent one day later, on January 2. While their patents are being examined, both develop…
Blog Posts
Global Innovation Index Highlights The Difference Between Patents And Innovation
by Josh Landau •
The 2019 Global Innovation Index (GII) was recently released by the World Intellectual Property Organization (WIPO). Conceived of as a broad measure of the innovative environment in various countries, the GII incorporates a wide variety of indicators in an attempt to measure innovation, ranging from scientific articles normalized by economic output, to the number of…
Not Invented By A Human—AI As An Inventor
by Josh Landau •
Recently, a group of patent attorneys—along with the self-proclaimed “patent holder for all neural systems that contemplate, invent, and discover via such confabulations”—has filed a set of patent applications at the U.S. Patent and Trademark Office, European Patent Office, and the UK Intellectual Property Office. But—reminiscent of the infamous “monkey selfie” copyright case, and unlike…
Much Ado About Injunctions
by Josh Landau •
It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—so much so that Sen. Coons has included it in both editions of his STRONGER Patents Act (one of a multitude of reasons that bill is bad policy.) But, as with so…
A Different Bite At The Subject Matter Apple
by Josh Landau •
Utility patents aren’t the only form of patent, much less the only form of intellectual property. While not a frequent subject of discussion in comparison to its much better known cousins, the utility patent and the design patent, the plant patent is still relevant and provides a useful example of how to protect subject matter…
Qualcomm’s Petard: Apple Acquires Modem Business From Intel
by Josh Landau •
Yesterday, Apple officially announced its acquisition of Intel’s smartphone modem unit. Apple will receive a variety of assets from Intel, including patents, as well as a significant portion of Intel’s employees dedicated to wireless modem technology. Intel retains the ability to develop 5G systems for non-smartphone applications like PCs, Internet of Things devices, and autonomous…
Troll U: When Tech Transfer Stops Being About The Transfer
by Josh Landau •
When a university acquires patents without any tie to the university or attempt to transfer technology via startup creation and then asserts those patents, how can you tell the difference between a university and a patent troll?
EU Competition Authorities Fine Qualcomm While DoJ Says “No Problem”
by Josh Landau •
Yesterday, EU Commissioner for Competition Margarete Vestager announced the Commission’s decision to fine Qualcomm for using pricing and contract terms to force a rival out of the market. This fine follows another EU fine issued last year for Qualcomm’s use of exclusivity payments to avoid competition. If that sounds familiar, it’s because earlier this year,…
STRONGER Patents—Bad Legislation
by Josh Landau •
Yesterday, the STRONGER Patents Act of 2019 was introduced by Senators Chris Coons and Tom Cotton, along with a House companion bill introduced by Reps. Steve Stivers and Bill Foster. The bill looks much like the last two times it was introduced [1][2], but there have been a few changes.
What Are We Really Talking About When We Talk About § 101?
by Josh Landau •
After the Senate’s recent § 101 hearings, Senators Tillis and Coons seem to have remained steadfast in their belief that patentable subject matter is a real problem for U.S. innovation. (It’s not.) But there’s a particular flaw in their belief. In a recent article penned by the two Senators, published in Law360, they state that…