Patents and Innovation

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Patents and Innovation

• Association for Competitive Technology
• Jonathan Zuck
• March 2006

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The Patent Problem

• More Quantity, Less Quality
• Increase in litigation
• Dot Com Bomb Fallout Still Evident
• Backlog
• Bad name for software

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3 Myths
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vs
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vs
Innovators
Producers
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Innovation Business

• Risk capital
• Market creation
• Returns from Licensing not Labor

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Small Innovators

• Venture Capital
• Partnerships with larger firms
• Need leverage
• Need business model flexibility
• No net Returns are do or die

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IP to the Small Innovator

• IP Makes me Attractive
• IP Makes me Safe
• IP Makes me Profitable

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Innovators Producers
Research
Applied
App Dev
App Emulation
Duplication
Innovation
Production
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What People Are Saying
Compression, Encryption, Facial Voice
Recognition, Clustering
Non-Obvious
Technical Contribution
Quality
New
Tangibility of Implementation
Mechanical
Pharmaceutical
Software Driven
Software
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Patent Reform

• SMEs Need Predictability and Accessibility
• Improved Pre-grant Process
• Better searching
• Better examination -
• More Comprehensive prior art
• Improved Post-grant Process
• Opposition Process
• Litigation and Court Reform

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Questions
What is software?
What is innovative?