With the Honor of Patent Leadership Comes Responsibility

by Manny Schecter, IBM Chief Patent Counsel

As the leading recipient of U.S. Patents for 20 consecutive years, we take pride in knowing that over the last 20 years the innovative talents of IBM inventors have generated thousands of original ideas and inventions that will enable fundamental advancements in technology and society. We are also proud because we believe patent leadership comes with a responsibility to continuously strive to improve the patent system, and we have taken many steps with a goal of fulfilling that obligation.

Patent leadership is an important reflection of IBM’s commitment to R&D and innovation. We believe our role as a leader places us in a unique position to help shape the patent system in the U.S. to promote innovation. Of course, this is a task that is never truly finished.

Among the steps we’ve  taken were to unilaterally commit to raise the bar on the technical content of business method patent applications; organize the Peer to Patent project to validate the ability of the public to assist patent examiners in identifying prior art (a capability now codified in the America Invents Act);  promote open innovation by pledging not to assert our patent rights in select areas of societal importance such as open source software, health care, and the environment; and demonstrate how metrics can be used to improve patent system transparency. We have also submitted numerous amicus briefs urging courts to interpret the law so as to best encourage innovation.

These were not actions that promoted our self interest or favored our short term business prospects.  We believed, however, that they were in the long-term interest of the health of the patent system and that what is good for innovation is ultimately also good for IBM.   That is why we continue to strive to optimize the patent system for all constituents.

Today, with many pundits arguing for the elimination of patents relating to software, we are advocating for the need to continue to protect this pervasive platform for innovation, and pointing out the inconsistency of protecting processes implemented mechanically or electrically (but not protecting the same processes implemented using software).

While some may question our motives, we will continue to take actions that we believe aid the patent system in fulfilling its objective of promoting innovation.  We view that as one of the responsibilities of patent leadership.

 

Read Full Post »

IBM’s 20th year of U.S. patent leadership

by Sandy Block, IBM Intellectual Property Law

One message transcends political parties, national borders, and enlightened corporate boardrooms. Innovation is critical to economic growth and economic growth is critical to our future.

IBM, through its 12 research labs on 6 continents and its global development efforts has, for decades, been committed to innovation in a broad range of technologies. This dedication is reflected in IBM’s $6 billion annual investment in fundamental research and development.

And it is also reflected in a recent announcement that, for the 20^th consecutive year, IBM leads in U.S. patent grants. In 1992, IBM edged out the prior year’s leader Toshiba and has led in U.S. patents ever since. In 2012, IBM was granted a record 6,478 patents.

But the real message is how IBM’s innovation, growth, and valuable patents are intertwined. A robust portfolio of patents enables IBM to exchange (or cross license) with others who have patented inventions that IBM may wish to access. This provides IBM with “freedom of action” in developing technologies for its offerings and, in some cases, royalties which can also be re-invested in further innovation. And, by making patented technology available to others, we often see the market expand for all, resulting in greater benefits for IBM, customers, and the industry.

In some instances, innovative patented technology cultivates new industries. Consider the IBM Watson innovation of Jeopardy! fame. The Watson computerized “contestant” understood complex and nuanced clues and derived a desired result in the TV game show Jeopardy!. Years of research and re-work resulted in innovative algorithms and processing methods that leapfrogged existing technology. Well, the Watson computer system has been adapted to innovative health care and other sophisticated applications. With patents, new opportunities have followed.

Patents provide IBM with the assurance that others will not dissect the Watson computer system and cancel the value of time, effort, and investment made, and they are an important part of the incentive to create the next Watson computer system. So, Watson innovation, protected by patents, is driving new markets, new product value, new jobs, and new choices for the public, contributing to IBM’s product, service and IP licensing returns, which can be invested to further fuel R&D. Similar synergies can be told about other recent IBM innovations ranging from semiconductors and nanotechnology to Smarter Planet solutions.

In achieving U.S. patent leadership, IBM recognizes the need for quality as well. Which is why IBM has led in supporting measures allowing questionable patents to be challenged. Improvidently granted patents adversely impact not only makers and users of products, but also the holders of sound patents. Not all patented inventions are game-changing breakthroughs — most inventions are incremental advances on which further inventions are made. But granted patents should satisfy the Constitutional promise of “promoting …progress in…the useful Arts” as reflected in U.S. laws.

The interplay of innovation, growth, and patents has placed the world’s information at our fingertips. IBM is proud of the inventors and innovators who contributed to this landmark of two decades of patent leadership and more importantly the role they have played in making our world a better place.

Read Full Post »