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jerryking : patent_trolls   19

Opinion: How patents really work in the innovation economy - The Globe and Mail
August 8, 2019 | NATALIE RAFFOUL

The concern that patent trolls are targeting Canadian startups is also unfounded. Patent trolls aren’t concerned with pre-revenue or low-revenue-generating startups. However, profitable Canadian SMEs (that is, not startups) operating in the United States are being targeted by U.S. patent holders.

All that said, the issue of patent assertion is not as bleak a situation as many paint it to be. Many of our SMEs are successfully fending off these patent assertions by NPEs, and there are mechanisms, such as inter partes review and re-examination at the U.S. Patent and Trademark Office, that are a cheaper alternative to U.S. patent litigation and which enable our SMEs to invalidate weak patents.

Concerns that multiple overlapping IP claims are creating gridlock are also questionable. By definition, each patent covers a unique invention. A patent must have novelty and cannot be obvious. One idea, one patent. That said, ideas are built upon ideas. Company A may have a patent on a new product idea and then Company B develops an improvement on that product. For Company B to sell Company A’s product in combination with its improvement, Company B may need to license a product patent from Company A. Company B could also offer a license to its improvement back to Company A in a cross-licensing arrangement. If Company A refuses to license its patent to Company B, then Company B has three options: (1) if possible, invalidate Company A’s patent; (2) wait until Company A’s patent expires; or (3) develop a workaround to Company A’s patent. Most companies will innovate and choose option (3), and that is the premise of the patent system: to spur innovation.

We cannot develop a “made-in-Canada” solution for patenting Canada’s innovation. The reality is that, for most Canadian companies, a Canadian patent is really of secondary value – many of our companies don’t even bother to seek patents in Canada, and they focus their patent protection in the United States, Europe and China. Our Canadian companies are competing on a global scale and we need to play by the rules of this global patent game.

The discussion around patenting activity in Canada should also move beyond the question of whether to patent (of course they should) to one of helping our Canadian startups and SMEs with the costs associated with global patenting activity. In Quebec, the First Patent Program has been very successful in providing “matching” funds up to $25,000 to Quebec companies seeking their first patent. We should look at a similar program across Canada.

Such incentives are critical because investors are interested in funding Canadian startups that have patents or patents pending. If the startup is not successful, investors may be able to leverage the patent assets to recover some of their investment. If the startup is successful, the patents enable the startup to protect its market share and, if it so chooses, generate additional revenue through licensing the patents to competitors or companies in other fields.
Canada  Canadian  cross-licensing  intellectual_property  patents  patent_infringement  patent_law  patent_litigation  patent_trolls  USPTO  workarounds 
august 2019 by jerryking
John Chambers and Myron Ullman: Stopping the Economy-Sapping Patent Trolls - WSJ
Feb. 16, 2015

Mr. Goodlatte’s bill includes a number of important reforms. For example, it would require disclosure of the actual basis for claims at an earlier point in the legal process; this will provide clarity, sharply reducing defense costs. It would also require transparency as to who is filing the suit, so that multiple suits from the same owner can be detected. It also would strengthen the right of winning defendants in bad cases to recover their legal costs.
patents  patent_law  Cisco  patent_trolls 
february 2015 by jerryking
The Most Inventive Towns in America -
July 22, 2006 | WSJ | by REED ALBERGOTTI.
The tinkerers who helped build America haven't disappeared -- they're right next door. Our search for small-town patent hubs found surprising innovations from coast to coast.
cities  entrepreneurship  innovation  inventors  patents  patent_trolls  small_business  tinkerers 
april 2012 by jerryking
Blackberry's Jam
June 1st, 2005 | Bloomberg Markets | Anthony Effinger is a senior writer at Bloomberg News in Portland.

Research in Motion is paying $450 million to settle a patent dispute over its popular e-mail device. Dispatching competition from mobile phone makers and Silicon Valley startups won’t be as easy.
patents  RIM  patent_trolls 
october 2011 by jerryking
Intellectual property is a new kind of arms race, with patents as ammo - The Globe and Mail
john manley
From Wednesday's Globe and Mail
Oct. 05, 2011 .

​To spur innovation and economic growth, Canada needs an intellectual property framework that fairly balances the rights of creators, consumers and society as a whole. In addition to passing a new copyright bill, the federal government should undertake a comprehensive IP policy review to address barriers that hinder opportunities for companies and inventors. Such a review, says the Canadian International Council, should examine “how much of an obstacle our corporations face when obtaining licences from Canadian patent holders, and the extent to which this barrier impedes innovation and growth.”

Of equal importance is the need to improve the quality of patents issued in Canada and internationally. By some estimates, close to a third of all new U.S. patents are of questionable quality, often because the invention claimed is not new or because the patent is vague or overly broad. One way to address this is to make it easier for third parties to challenge these applications without resorting to litigation.

At the same time, it’s vital to speed up the patent application process. Obtaining a patent now takes as many as three years in Canada, 3½ years in the U.S. and a decade in Europe. As the CIC points out, “Such delays hurt innovation, particularly in the informative-technology sector, where the commercial value of a patent may last only a year or two.”
John_Manley  CCCE  intellectual_property  patent_law  patent_trolls  patents  frameworks  arms_race 
october 2011 by jerryking
Peter Huber: Digital Innovators vs. the Patent Trolls
APR.18, 2011|WSJ|PETER HUBER.U.S. patent laws have drifted way
off course.Real innovators in the digital realm add new s/w modules,
chips & ntwking capabilities to the toolkit.Biochemists do the same
in their field, isolating genes & proteins & build new tools for
re- engineering them.In these & other areas of the economy, much of
the innovation is embodied in plug-&-play building blks, which are
easily combined in different ways to perform a variety of tasks.But the
proliferation of smart building blocks makes it easier for anyone to
write a patent that simply describes what a keen invention will do,
contributing little more than a sketch for how someone might build it
from off-the-shelf parts..The issue isn't whether IP rights should be
enforced, it's whether we have a reliable process identifying who really
supplied the intellect.We don't.A sys. that issues & upholds junk
patents will devalue IP much faster than one that scrutinizes patents
carefully & enforces only the good ones.
Peter_Huber  patents  patent_law  USPTO  patent_trolls  U.S._Supreme_Court  innovation  intellectual_property 
april 2011 by jerryking
Big Patent Firm Sues Nine Tech Firms -
Intellectual Ventures LLC has started suing. The secretive firm
co-founded by former Microsoft Corp. CTO Nathan Myhrvold has raised $5
billion to amass thousands of patents over the past decade.

Unlike most specialists in the field, Intellectual Ventures has avoided
litigation, persuading big tech companies to become investors in his
firm—along with payments that sometimes came to hundreds of millions of
dollars....unable to secure payments from nine companies, Intellectual
Ventures announced three patent-infringement suits....Intellectual
Ventures, which is based in a Seattle suburb and claims 30,000 patents
and patent applications, is believed to have the largest portfolio among
firms that don't make or sell products. It claims to have earned nearly
$2 billion from licensing its patents
licensing  patents  Intellectual_Ventures  Nathan_Myhrvold  patent_trolls  Big_Tech 
december 2010 by jerryking
New Breed of Patent Claim Bedevils Product Makers -
SEPTEMBER 1, 2010 | Wall Street Journal | By DIONNE SEARCEY. New Breed of Patent Claim Bedevils Product Makers.
lawsuits  patents  patent_law  patent_trolls 
september 2010 by jerryking
Paul Allen Sues Apple, Google, Others Over Patents -
AUGUST 28, 2010 | Wall Street Journal | Dionne Searcey.
Patent litigation in general is on the rise, in what is becoming a
lucrative endeavor. Ocean Tomo, a Chicago-based merchant bank that
tracks the intellectual-property market, values the licensing market at
as much as $500 billion. Mr. Allen's lawsuit comes amid high-profile
successes of firms such as NTP Inc., which enforce patents without
making products and have been called "patent trolls" by critics. Courts
have tried to rein in patent litigation, with mixed results, and
Congress has yet to act on legislation that would do the same....patent
licensing strategy
Paul_Allen  patents  patent_law  Ocean_Tomo  intellectual_property  patent_trolls  lawsuits 
august 2010 by jerryking
Why Technologists Want Fewer Patents -
JUNE 15, 2009 | Wall Street Journal | by L. GORDON CROVITZ. A
book on the U.S. approach to patents, "Jefferson vs. the Patent Trolls"
by Jeffrey Matsuura, makes the key point that "intellectual property
rights were not goals in and of themselves, but were instead a mechanism
through which society attempted to facilitate creative collaboration."
patents  innovation  law  intellectual_property  L._Gordon_Crovtiz  patent_law  patent_trolls  books 
june 2009 by jerryking

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