It's been two decades since Intellectual Property (IP) and its development became a defining element in investment strategies for parties on both sides of the negotiation table. In the late 1990's, investors wanted their dot-com startup companies to have patents, as it would help the company appear innovative. Even after the dot-coms went bust, investors regarded IP as upside protection; meaning, if the company went under, the IP portion of the portfolio could keep the deal from being a complete loss. Investors, like Venture Capitalists (VCs), who got burned by multiple failed investment efforts, turned their interest towards start-up companies with a strong balance sheet versus those with no revenue potential. For example, if pre-investment research showed that the start-up had a Freedom to Operate (FTO), then IP became a more important consideration on an investor's check list.
POSTED BY John Cronin AT 12:20 P.M. Nov 20, 2018TAGS: John Cronin | Regulation and Legislation | Strategy | Trade Secrets | Valuation | Mergers and Acquisitions | Licensing | Patent Sales
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
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
In the previous article, we discussed the recent development of the IP environment in China. Newly strengthened protection of intellectual property rights from the Chinese side indicates lower risk, which will likely encourage foreign investors to enter the Chinese market. On the other hand, there are also incentive programs in the US that support companies in IP-intensive industries on research and development. US companies find themselves holding a strong R&D presence in China due to the size of the Chinese market and the overall strategy to integrate local talents into their R&D operations. The High and New Technology Enterprise (HNTE) program and The Technology Advanced Service Enterprise (TASE) program, funded by the US China Business Council, are perfect examples of programs that promote innovation in US enterprises. With a stronger IP management portfolio, a company can prove itself a contender for innovation and qualify for the HNTE or TASE status.
POSTED BY Yiyi Jin AT 3:39 P.M. August 28, 2018TAGS: Innovation | Regulation and Legislation | Strategy | China | Yiyi Jin | India
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
With one of the world’s fastest growing economies, China continues to develop its IP environment. As mentioned in the previous article China and the next Great Wall, China has already entered a transitional period away from seeking GDP growth by capital investments and imported technology diffusion toward promoting innovations from within. In this chapter and the upcoming second installment of a two-part article, we will discuss the recent developments in intellectual property rights in China and their efforts in building self-sustaining IP strategies. Further, we will analyze the opportunities and challenges for US firms with an aspect of international business development in this new era of IP development.
POSTED BY Yiyi Jin AT 2:19 P.M. August 14, 2018TAGS: Innovation | Regulation and Legislation | Strategy | China | Mergers and Acquisitions | Yiyi Jin
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
POSTED BY Adam Bulakowski AT 9:53 P.M. July 10, 2018TAGS: Adam Bulakowski | Disruption | Innovation | Regulation and Legislation | Strategy | China
The Defend Trade Secrets Act (DTSA) of 2016 was signed into law on May 11th, adding national and international protection for trade secrets to the already-existing state-level laws, which are allowed to remain in place according to the new federal statute. The DTSA taken together with the AIA’s prior use protections, provides 2-part protection, which may allow a company to continue to use its trade secreted inventions even if another entity subsequently patents the invention. This new paradigm is a game-changer for IP strategy - especially for defense, as it adds another route for IP protection outside the usual "race to the patent office".
The recent decision in the Alice v. CLS Bank case (Alice) has had a profound impact on patent litigation and prosecution, but what impact has it had on IP strategies? Many of our clients are wondering how this legal decision impacts them strategically.
Final implementation of the AIA has changed the race track substantially. Companies will have to adjust in order to win the new race to the patent office. ipCG’s cutting-edge ipAIASM services are designed to let our clients dramatically shorten the time between conceiving an invention and filing the patent application. A client company will run—not walk—to the patent office.
3D printing is one emerging technology field with the potential to create significant—perhaps even extreme—practical and legal consequences. Innovators and manufacturers need to be ready to use all the protections offered by the different forms of intellectual property to protect their assets and businesses.
POSTED BY Chris Huffines AT 5:05 P.M. Aug 15, 2012TAGS: Chris Huffines | Creativity | Disruption | Regulation and Legislation
The newly published USPTO 2010-2015 Strategic Plan is the first strategic document from the USPTO that demonstrates that someone who has used IP as a global business asset is in charge! No wonder, as the new Director of the USPTO, David Kappos, comes with 20 years of experience managing IP at IBM.
False patent marking has become a hot topic recently as case law around patent marking on products and recent legal developments have created a lucrative opportunity with very low barriers to entry. More than 100 cases have been filed so far in 2010 and new cases are being filed daily. ipCG has some suggestions on how your company might respond.