My postings have been light for the past few weeks because of the Holidays. I plan on re-posting regular content after the New Year. Nonetheless, I couldn't help posting something this week during my vacation after coming across this wonderful analysis of recent patent issuances post-KSR from Matt Buchanan of the Promote the Progress website and blog. Matt's analysis of PTO issuances over the past several years shows that KSR definitely had an effect on the number of patents issued in the last year. What is obvious from Matt's 2008 issuance data is the fact that the PTO experienced a significant decline in revenue over the past year due to the reduction in issue fees paid by successful patentees. Moreover, this revenue decline will certainly be felt over the next 10 plus years as a result of a reduction in maintenance fees that would have been
The US Patent Office’s Impending Financial Crisis and What Sort of Disruptive Innovations Might be Seen as a Result
Do You Know Your Company Needs Strategic In-House IP Counsel, But Think You Can’t Afford It? One Company’s Solution is Hiring Part-Time Counsel
Analysts say that the current economic downturn will likely last at least until early 2010. While this no doubt seems like almost an eternity for the average consumer, for business strategic planning purposes, this date is just around the corner. Indeed, business managers at many companies are likely conducting “short term” strategic planning efforts targeted for introduction in mid-2010. This might account for the recent uptick in job postings for experienced corporate intellectual property attorneys. I see this increase in job opportunities as signifying that smart corporate leaders are realizing that sustainable business success requires companies to not only introduce innovative products and technology offerings, but also that they strategically protect such innovations. As a result, I believe that more companies will seek to hire strategic in-house IP counsel, which is good news for us IP types. Of course, the traditional model of hiring an in-house IP counsel results in
Companies Adopting Open Innovation Methodologies Must Incorporate Patent Information for Maximum Value Creation
Open Innovation is unquestionably becoming a "hot" area of focus for U.S. companies, especially in the current economic climate in which businesses are more than ever focused on smarter ways of doing business. And, why wouldn't Open Innovation be an intriguing business model when companies can fill their product and technology pipelines for significantly lower cost and with more variability of ideas than typically is possible from their own R&D infrastructures? As a result, more and more business leaders are today viewing Open Innovation as a necessary direction in which to move their company's innovation efforts. A fundamental premise of Open Innovation is that good ideas can come from anywhere, even when a company operates in a very specialized core business. Moreover, innovations that come from outside of one's core business, such as in packaging or transportation, are better left to those who specialize in those areas. Perhaps more controversial
Investors in the Green Economy: You Could Lose Your Investment in Green Innovators by Failing to Identify the Green Inventors that Came Before Them
With President-Elect Obama's announcement that he will establish an "Apollo Project" to develop a Green Economy, there is no doubt that "the Green Technology train has left the station." Indisputably, investors will start to invest heavily in companies that appear to possess commericializable Green Technology that will enter the marketplace as the US embraces the Green Economy and develops the necessary infrastructure to make this happen. Before staking a claim to one or more of these companies, however, investors should understand whether existing patent rights owned by third parties could undermine the investment potential of even the most promising Green Technology innovators. Anyone seeking to capitalize on the Green Economy and its attendant Green Technology must recognize a fundamental reality of US patent law: in granting a patent, the Patent Office cares only that an invention is useful, novel and nonobvious. Significantly--and this is the rub for investors in Green
Existing Sources of Investment Information Failed Us: Patent Landscaping Analytics Provide a Necessary Innovation for Investors
As global stock markets continue to struggle, smart investors seeking to capitalize on relatively cheap stock prices are searching for promising investment opportunities. Unfortunately, however, most investors are likely relying on the same sources of investment information that failed to accurately predict the current stock market situation. If the predictive nature of this information has been wrong time and time again, why do investors continue to rely on it? The answer is pretty simple: investment professionals lack knowledge that alternative sources of information exist. One such alternative approach to making investment decisions involves using patent landscaping analytics to assess existing investment in a particular product or technology area. My research demonstrates that properly conducted patent landscaping analytics can effectively allow one to predict the future trajectory of product development by companies. For example, as I have written about here and here, the fact that Google and Yahoo intended to significantly
If Your Company is Not Capturing IP-Related Tax Savings You are Likely Leaving Significant Money on the Table
I recently heard a group of tax experts spoke about issues related to intellectual property ("IP"), and since then I have been thinking about how my clients could benefit from better incorporating IP into their corporate tax planning and accounting processes. The topic is very complex and, as such, I will leave the details to the experts. (Feel free to contact me for recommendations in this regard.) I believe it is nonetheless valid to make the following statement: if your tax experts do not include IP issues in their tax planning and accounting processes, your company is likely leaving considerable money on the table. As these experts discussed IP-related tax issues, it became apparent to me how important IP asset management should be to corporate tax planning and accounting efforts. However, my experience demonstrates that few corporate managers are aware that such savings are possible. Even if they know about this
You Paid WHAT for that Patent?! or How the Choice of Patent Law Services at Many Companies is Like the Vice Presidential Wardrobe Selection Process
The recent hullabaloo regarding Sarah Palin's "gold plated" wardrobe from Saks and Neiman Marcus got me thinking about how many companies select patent law firms. This may seem like a non-sequitur, but bear with me. . . Those responsible for dressing Gov. Palin apparently believed that the large expenditures at Saks and Neiman Marcus automatically translated into value for the Republican ticket by allowing her to be viewed as more "Vice Presidential" than she would otherwise been considered. Notwithstanding the high cost of her new wardrobe, as reported in the New York Times, her overall "look" remains the same as when she campaigned for and served as Governor of Alaska: business-appropriate jackets, feminine skirts and high heels. The response to this wardrobe makeover by a major fashion commentator: "Honey, I could have dressed you for a lot less than that." From this comment, as well as the continuing backlash
Taking a Disciplined Approach to Protecting Innovation Investment Allows You to Reduce Legal Spends While Still Obtaining Necessary Patent Rights
This week, I am intrigued by what appears to be a recent convergence of reporting and blogging about the state of innovation in the US. There is an obvious concern by those who keep track of such matters that, in the current economic climate, government and business will "take a hatchet" to R & D and innovation budgets in an attempt to reduce overall costs. Such cutting is, of course, a rational short term solution to address today's problems. Government and corporate leaders taking the long view will nonetheless understand that, when it comes to R & D and innovation spending, it is much better to apply the proverbial "scapel" to one's budget. Moreover, as discussed by Tom Donahue (President and Chairman of the US Chamber of Commerce) recently on The Huffington Post (h/t Front End of Innovation), intellectual property protection is a critical component of successful
CEO’s and Corporate Managers: Develop an Engaged Knowledge of Your Company’s Intellectual Assets to Stop Leaving Corporate Asset Value on the Table
More than 70 % of corporate value today lies in the form of intangible assets, much of which are in the form of patents, copyrights and trademarks. Notwithstanding this fact, many otherwise sophisticated CEO's and corporate managers essentially leave a significant portion of firm value on the table by failing to develop and execute on a business strategy directed to capturing and maximizing this class of assets. Of course, few organizations would admit that management fails to fully realize the asset that forms the bulk of today's corporate value. Many managers also may not believe they have the requisite knowlede to determine whether their company's intellectual assets are being properly exploited. Fortunately, it can be fairly easy to discern whether a company's management expends the effort necessary to capture and maximize its intellectual assets. Put simply, if an organization's top business leadership does not possess an engaged knowledge of their company's
Think Business Cannot Predict the Future? Patent Landscape Analytics May Prove You Wrong
Regular readers of the IP Asset Maximizer Blog will recognize my previous post which provided an illustration of the predictive nature of patent landscaping to improve business decisions using Cox Enterprise's $300 Million acquisition of Adify as an example. I wanted to follow up on that post because a recent announcement by Yahoo may demonstrate that, at least in some situations, patent landscaping analytics are so good at predicting future competititve activity that they can operate as a business crystal ball. In that post, I predicted that Cox would likely experience substantial competition in the vertical advertising space as it seeks to capitalize on its purchase of Adify, and supported this assertion by providing a picture of third party commercial intentions by looking at patent filing data. This prediction was bolstered by recent a Google announcement that it was partnering with NBC-Universal to deliver targeted ads through cable. This