Behind thecurtainscale2013

291 views
250 views

Published on

1 Comment
0 Likes
Statistics
Notes
  • This is CC.BY.SA even though the slideshare interface isn't saving my changes when I select that license.
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Be the first to like this

No Downloads
Views
Total views
291
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
10
Comments
1
Likes
0
Embeds 0
No embeds

No notes for slide

Behind thecurtainscale2013

  1. 1. Software Patents:Whos Behind the Curtain? SCALE 2.23.2013 Deb Nicholson
  2. 2. Part 1:Where do patents come from?
  3. 3. How do we measureinnovation?
  4. 4. Patents, Products, or Ideas?
  5. 5. The 10 cent patent history lesson
  6. 6. Part 2:More money, more problems
  7. 7. Un-spoiler alert- Patent suits are costing us a lot of money- Activity is increasing, notdecreasing- Lawsuits arent spurringinnovation- Developers are fed up
  8. 8. “...annual wealth lost fromNPE lawsuits was about $80 billion...” (Bessen et al. 2011)
  9. 9. Patent suits involving “NPEs”Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
  10. 10. The number of patentactions filed reached 4,015 in 2011. (PwC 2012 Patent Litigation Study)
  11. 11. Utility patents granted each year Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
  12. 12. “spurring innovation”
  13. 13. Avoiding thickets, rewriting code and pulling features outis time-consuming and un-fun for developers.
  14. 14. More recent developments - Patent aggression entities are getting bigger - Targets are getting smaller - Stack vs. special sauce
  15. 15. 1,300 shell companies atIntellectual Ventures
  16. 16. "...patent trolls... are increasingly targeting users and adopters, rather than makers of the technology: this tactic is used an estimated 40% of the time."Colleen V. Chien: Tailoring the Patent System to Work for Software and Technology Patents
  17. 17. Part 3:A solution for every pot
  18. 18. The current standard for patentability
  19. 19. The current standard for patentability- Patentable subject matter: new and useful, no algorithms
  20. 20. The current standard for patentability- Patentable subject matter: new and useful, no algorithms- Novel: you cant patent something people are already using
  21. 21. The current standard for patentability- Patentable subject matter: new and useful, no algorithms- Novel: you cant patent something people are already using- Non-obvious: it cant be obvious to someone in that field
  22. 22. The current standard for patentability- Patentable subject matter: new and useful, no algorithms- Novel: you cant patent something people are already using- Non-obvious: it cant be obvious to someone in that field- Useful: must have utility and be possible
  23. 23. Here comes the judge?
  24. 24. Big solutions == big money
  25. 25. Judicial Solutions- Lower the plaintiffs incentive to sue
  26. 26. Judicial Solutions- Lower the plaintiffs incentive to sue- Set precedent that better upholds the existing statute
  27. 27. Judicial Solutions- Lower the plaintiffs incentive to sue- Set precedent that better upholds the existing statute- Set precedent that treats software patents differently than other patents
  28. 28. We oughtapass a law!
  29. 29. Congress also aint cheap
  30. 30. Legislative Solutions- Improve the America Invents Act
  31. 31. Legislative Solutions- Improve the America Invents Act- Get rid of patents altogether, or just software patents
  32. 32. Legislative Solutions- Improve the America Invents Act- Get rid of patents altogether, or just software patents- Make the plaintiff pay the legal fees, aka SHIELD
  33. 33. Legislative Solutions- Improve the America Invents Act- Get rid of patents altogether, or just software patents- Make the plaintiff pay the legal fees, aka SHIELD- Raise patent or maintenance fees
  34. 34. Doesnt the governmenthave “people” for that?
  35. 35. Policy SolutionsBasically, how can the USPTO enforce the existing statute in a helpful way?
  36. 36. Policy Solutions- Require written descriptions and definiteness
  37. 37. Policy Solutions- Require written descriptions and definiteness- Allot more resources for software
  38. 38. Policy Solutions- Require written descriptions and definiteness- Allot more resources for software- Stop assuming validity
  39. 39. Policy Solutions- Require written descriptions and definiteness- Allot more resources for software- Stop assuming validity- The Federal Trade Commission could step in
  40. 40. Community (whoo!)
  41. 41. Freedom isnt free
  42. 42. Ok, actually it is free,but it requires some work
  43. 43. Community Solutions- Defensive patent pool (OIN)
  44. 44. Community Solutions- Defensive patent pool (OIN)- Identify relevant prior art
  45. 45. Community Solutions- Defensive patent pool (OIN)- Identify relevant prior art- Defensive Patent License (DPL)
  46. 46. Community Solutions- Defensive patent pool (OIN)- Identify relevant prior art- Defensive Patent License (DPL)- Continue to build awareness and draw attention to the problem
  47. 47. For your reading "pleasure" Colleen V. Chien: Reforming Software Patents (Houston Law Review)Tom Ewing & Robin Feldman: The Giants Among Us (Stanford Law Review)Dan L. Burk & Mark A. Lemley: The Patent Crisis and How the Courts Can Solve It
  48. 48. Picture Credits CC-BY Green Curtain by Prairie Kitten, Ruler by Sterlic Parchment Paper by Temari09, Cargill Pool Grain Elevator by amerune, Dads Teeth by Spider Dog, Chill Pill by mirjoran, Dark Ice by dcdailyphotos,Feeding Turtles by Ollie Crafoord, SCOTUS Stairs by Phil Roeder, Overview by jcbmac, Trust Fall by Vos Efx Road by Jo@net CC-BY-SA Lightbulb by eoin, Wet Grass by qgil Graphs source: PatentFreedom © 2013. Data captured as of January 18, 2013
  49. 49. For your reading "pleasure" Colleen V. Chien: Reforming Software Patents (Houston Law Review)Tom Ewing & Robin Feldman: The Giants Among Us (Stanford Law Review)Dan L. Burk & Mark A. Lemley: The Patent Crisis and How the Courts Can Solve It
  50. 50. Thanks!deb@openinventionnetwork.com

×