Tag Archive for innovation

Founders On Patents: Jefferson On A Farm Patent

Last week, I covered a newly digitized letter from John Q. Adams, describing the concern the PTO’s first Commissioner had regarding whether the patents he was issuing were really valid and the harms that those invalid patents were causing. Along those lines, let’s see what another Founding Father—Thomas Jefferson—had to say about a patent on…

Cisco, Google, MIT, and USPTO Team Up To Create Prior Art Archive

One of the biggest problems in patent examination is actually finding prior art.  When it comes to patents and patent applications, that’s relatively easy—examiners have access to databases of all patents and applications, and they’re well-trained in searching those databases.  But when it comes to non-patent prior art—product manuals, journal articles, standards proposals, and other…

Yet More Evidence That NPEs Are Harmful To Innovation

Profs. Cohen, Gurun, and Kominers first published a paper collecting evidence of the impacts of NPEs on innovation in 2014.  Recently, they updated the paper, incorporating additional evidence and research from the past four years.  The key takeaways? “NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative…

CCIA, ACT File Amicus Brief In FTC v. Qualcomm

Yesterday, CCIA and ACT filed an amicus brief in the FTC’s case against Qualcomm in the Northern District of California.  As explained in the brief, the FRAND obligation which patent owners voluntarily agree to when they participate in the development of a standard requires the owners of standard-essential patents to license their patents on “fair,…

SUCCESS Act Is A Good Start—But Could Be Improved

Last week, Rep. Comstock (R-VA), along with 7 other cosponsors, introduced H.R. 6390, the “Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018” (SUCCESS) Act.  The Act recognizes the gap in innovation activity faced by women and under-represented minorities, and requires the Small Business Administration and the PTO to study the reasons…

More Evidence Is In—Alice Has Been Good For R&D

Tuesday marked one milestone—utility patent number 10,000,000.  But it also marked a far more important milestone—the 4-year anniversary of the Alice decision.  Looking back on those 4 years, Alice has been a clear success in eliminating patents that never should have issued.  It’s had a very limited impact on patent prosecution, with most applications entirely…

To Promote The Progress

Today, the ten millionth utility patent issued.1  The patent relates to one way of providing coherent LADAR detection. As we look back at 180 years of Patent Office history and look forward to the next ten million patents, it’s worth remembering that what makes the U.S. patent system unique is the explicit dedication of the…