The battle over CRISPR (Clustered regularly-interspaced short palindromic repeats) patents highlights the importance of having a sound patent strategy before filing the first disclosure. The University of California v. Broad Institute, Inc. is an excellent example of the difference a well-executed strategy can make.
POSTED BY Michael Baker and Kennyn Statler AT 10:25 A.M. Nov 7, 2018TAGS: Invention | Regulation and Legislation | Strategy | Kennyn Statler | Disclosures
When deciding where to file patents, that is, what other countries should a patent be filed in other than the inventor's home country, there are important considerations that need to be evaluate and weighed against each other. This creates a "foreign filings decision matrix" approach. Here are some of the considerations that might help create a "foreign filings decision matrix." Simply list the countries in columns and these considerations as rows and put a high, medium or low at each intersection to create an evaluation matrix.
POSTED BY John Cronin AT 9:22 A.M. Oct 24, 2018TAGS: Invention | John Cronin | Strategy | China
Artificial Intelligence (AI) goes back to the 1950’s, as defined by Minsky & McCarthy, to be “any task performed by a program or a machine that, if a human carried out the same activity, we would say the human had to apply intelligence to accomplish the task”. This being the case, a lot has happened in almost 70 years since that statement. The history of AI can be easily researched; however, a reasonable definition can also be extracted from examples of how AI is being used and what AI is being used for.
POSTED BY John Cronin AT 6:28 P.M. Oct 17, 2018TAGS: Innovation | Invention | John Cronin | Process | Strategy | Artificial Intelligence
The day has come where large innovation labs built by companies may not be needed. Why spend hundreds of millions to billions of dollars on a physical structure, staffed with creative people and equipped with the best tools, when this all can be virtualized? In this context, "Virtualized" does not mean remote workers, but taking the innovation process and virtualizing it with AI tools and specialized, data analytic capability and inventors. These inventors don't even have to have domain knowledge, as experts can be hired by the hour from the crowd.
POSTED BY John Cronin AT 12:46 P.M. Oct 17, 2018TAGS: Innovation | Invention | John Cronin | Strategy | Artificial Intelligence
In the last blog post, the basic types of intellectual property (IP) were discussed. But there are other types of more specialized IP that don’t fall into the basic categories. Today, those types, which are “neither fish nor fowl” will be discussed.
POSTED BY Chris Huffines AT 4:23 P.M. Sep 18, 2018TAGS: Chris Huffines | Invention | Regulation and Legislation | Design Patent | Copyright
This post is the first in a series talking about the basics of intellectual property. Intellectual property, specifically, consists of those rights associated with knowledge and creation, not land and buildings (real property) or physical things (personal property/chattel). In this first post, the various types of intellectual property will be discussed.
POSTED BY Chris Huffines AT 8:18 P.M. Sep 4, 2018TAGS: Chris Huffines | Invention | Trade Secrets
In a previous post, the question of legal changes necessary for artificial intelligence (AI) to invent was discussed. But what about practical changes? How will AI change inventing in a world in which its inventions are granted patent protection?
POSTED BY Chris Huffines AT 2:56 P.M. Aug 21, 2018TAGS: Chris Huffines | Invention | Regulation and Legislation | Artificial Intelligence
It has been obvious for a while now that artificial intelligence is not only going to assist inventors with more robust research and analysis tools, but will soon be inventing on a large scale itself. However, currently patent law does not recognize non-humans as inventors. This will slow down innovation and is an ultimately futile task. Therefore, the law should be changed to allow AI to be recognized as an inventor.
POSTED BY Chris Huffines AT 11:44 P.M. Jul 31, 2018TAGS: Chris Huffines | Invention | Regulation and Legislation | Artificial Intelligence
In our second installment of The Internet of Things (IoT), Data, and the Implications for Intellectual Property, we discussed the relationship of data and IoT devices. In this final installment, let's look ahead to the potential future of IoT.
The number of companies that are actively seeking IP protection in this area has rapidly increased. A chart created with ipCapital Group's patent research software, ipCG Innovation Integrator, demonstrates that from 2007 and 2016, there was a 1300% increase in patents related to the IoT.
In our first installment of The Internet of Things (IoT), Data, and the Implications on Intellectual Property, we discussed the need to understand the full landscape of IoT, not just devices. In this second part, let's talk about "big data". All of these devices and the data they will create, hold, transmit and interact with raises a unique Intellectual Property (IP) question. Who owns the data?
All companies are walking a fine line as they merge and innovate in smart wearables. The open spaces are quickly filling up. Proper care has to be taken to guard the innovation process to maintain an open space for the newest smart wearables to flourish. Any company, large or small, should be alert and constantly innovating to keep a competitive edge when addressing this market.
POSTED BY Justin Kunz and AJ Knowles AT 4:08 P.M. March 1, 2016TAGS: Disruption | Innovation | Invention | Strategy | Justin Kunz | IoT | Wearables | Smart Home
While the Internet of Things (IoT) is not new, we are now seeing the refinement of the devices, communication protocols, and data management that was not possible a few years ago. There is a forthcoming convergence of multiple product and technology spaces in this this new world of a predicted 50 billion "things," and the possibility for growth in markets and IP are enormous. IoT is a wide-ranging technological space. So we are publishing a short series on IoT and intellectual property (IP) to highlight some opportunities and challenges that we see, beyond the standard scope of everyday articles being circulated.
The Apple Watch is, as usual for Apple, a trailblazing product that not only showcases a new product, but opens up a path to grow a new area of technology. It is also another example of true innovation struggling against internal and external forces, all of which try to hamper innovation, harming sales and damaging the development of exciting technology. As with other examples, the Watch is proof that process is just as important as the innovation when it comes to implementing great ideas.
POSTED BY Chris Huffines AT 1:33 P.M. Sep 22, 2015TAGS: Chris Huffines | Innovation | Invention | Process
Innovation capabilities, from understanding customers to commercializing new products, determine financial success for nearly all firms in today's economy. By building a capability to manage IP, a firm maximizes the potential for a lasting return on innovation.
POSTED BY Adam Bulakowski AT 4:12 P.M. July 6, 2015TAGS: Adam Bulakowski | Commercialization | Innovation | Invention | Strategy
Based on recent trends, we expect an increase in strategic focus on design patents, which will likely include an influx of new design applications into the U.S. Patent & Trademark Office (USPTO), as well as other patent offices around the world. Here are the key reasons why we are advising our clients to increase their focus on design patents.
POSTED BY Justin Kunz AT 5:25 P.M. June 30, 2015TAGS: Invention | Process | Strategy | Justin Kunz | Design Patent
The Walt Disney Company was recently awarded a number of issued patents for future unmanned aerial vehicle (UAV or UAS or drone) integration into its aerial shows. By patent protecting this technology and technology application, Disney may keep competitors (e.g., Universal Studios) aerial display shows "on the ground".
POSTED BY Cody Barrette AT 1:30 P.M. June 18, 2015TAGS: Entertainment | Innovation | Invention | Strategy | Cody Barrette
The recently concluded and highly publicized patent infringement trial between Apple and Samsung was significant because design patents have long been seen as less valuable and less strategic than utility patents. In reality, design patents do have strategic value, especially when used within the context of an overall IP strategy.
If your R&D department is like most, you have very creative people working diligently to solve problems. However, you may wonder why you don't see more invention disclosures coming from such bright, creative people.
Documenting is an important step on the path to successful execution of IP strategy, however inventors are often more interested in solving technical problems and inventing than in documenting their inventions.
Facilitating invention, acquiring technology and IP from outside the company, and inventing around patents are key processes for creating and acquiring IP. Many companies have adopted the best practices of conducting proactive invention extraction sessions and directed invention brainstorming.
All companies are susceptible to disruption - across all industries, at every scale, and in both strong and weak players. IP plays a key role in disruption - it is both a means for identifying it and protection against it. Make sure that you are ready when disruption comes galloping your way!