Dale Lazar Speaks of Alice and 101 Challenges to DC LES CHAPTER

As noted earlier, I wrote a blog piece on the Alice decision, Alice Doesn’t Patent Here Anymore,  https://rayvandyke.com/posts/. Thanks to those who read it..  On November 18, 2015 in Washington, DC, the Licensing Executives Society (www.les.org) is again having prominent IP attorney and my friend Dale Lazar talk about the impact of Alice and what practitioners can do in the face of this ongoing tragedy.

The link is http://www.lesusacanada.org/chapters/usa/washington-dc-chapter/november-18-2015-washington-dc-chapter-meeting 

This meeting constitutes my additional efforts as the Greater Washington, DC Chapter Chair to promote the organization and otherwise help the IP profession and practitioners with practical programs – here for patent prosecutors.  For those in DC, Virginia and Maryland, please feel free to contact me if you have a speaker in mind or a topic that needs addressing. With the eclectic wants of the Greater DC membership, we have seen it all, and welcome more!

Next month,  on December 17, at the LES Chapter Holiday party in DC, Senior Group Patent Counsel, Stanley Black & Decker, Inc. will talk of settlement techniques he has developed in this age of questionable patent validity.  http://www.lesusacanada.org/chapters/usa/washington-dc-chapter/october-21-2015-washington-dc-chapter-meeting

For those outside of the DC Metro area, thanks for reading about us!  If you have any suggestions or want to speak when you visit the area in future, please email me.  Conversely, I am open to invitations to speak elsewhere.

Ray Van Dyke, 202.379.3903, vandyke@acm.org

Greater Washington, DC Chapter Chair for LES,

And Patent/IP practitioner.  www.rayvandyke.com

Ray Van Dyke Teaches Intellectual Property Basics in Rockville, Maryland November 11, 2015

As Co-Chair of the Intellectual Property Section for the Bar Association of Montgomery County (BAMC), I am pleased to report that the IP Section is having a series of presentations on the fundamentals of intellectual property law  at the Bar headquarters in Rockville, Maryland.  http://montbar.site-ym.com/?62

With the increasing value of intellectual property in today’s economy, as well as the ongoing controversies, non-IP professionals, whether attorneys, scientists, business people, and interested citizens, all want to better understand the workings of these legal principles and tools. The first meeting was an overview of all IP rights.

The next meeting, November 11, 2015, will be directed to the basics of patents, with the more detailed issues, legislation and controversies covered in in more detail in a subsequent meeting on December 1, 2015.  Copyrights and trademarks will be covered in 2016.

As the speaker, I can say that the material will cover not only the law, but will include anecdotes about famous cases and inventors, putting the material into the context of the times.  My materials have been collected and coalesced over the last 16 years as part of an in-depth course I teach at SMU to engineers, business people, teachers, students and other interested parties.

If anyone has any questions about the course and these meetings, please do not hesitate to contact me.

For attendees, I require an RSVP so that I can gauge the audience and handle logistics. So, if learning a little about IP law is of interest, this series of presentations will do the trick. I look forward to meeting you there!

Ray Van Dyke, Co-Chair, Intellectual Property Section, BAMC

202.378.3903  vandyke@acm.org

Ray Van Dyke Teaches Intellectual Property Basics in Rockville, Maryland Starting October 6, 2015

As Co-Chair of the Intellectual Property Section for the Bar Association of Montgomery County (BAMC), I am pleased to report that the IP Section plans a series of presentations on the fundamentals of intellectual property law for this Fall, Winter and Spring at the Bar headquarters in Rockville, Maryland.  http://montbar.site-ym.com/?62

With the increasing value of intellectual property in today’s economy, as well as the ongoing controversies, non-IP professionals, whether attorneys, scientists, business people, and interested citizens, all want to better understand the workings of these legal principles and tools.

The first meeting, October 6, 2015, will be a survey of the various IP rights to be covered in more detail in subsequent meetings, beginning on November 11 and December 1 and in 2016.

As the speaker, I can say that the material will cover not only the law, but will include anecdotes about famous cases and inventors, putting the material into the context of the times.  My materials have been collected and coalesced over the last 16 years as part of an in-depth course I teach at SMU to engineers, business people, teachers, students and other interested parties.

If anyone has any questions about the course and these meetings, please do not hesitate to contact me.

For attendees, I require an RSVP so that I can gauge the audience and handle logistics. So, if learning a little about IP law is of interest, this series of presentations will do the trick. I look forward to meeting you there!

Ray Van Dyke, Co-Chair, Intellectual Property Section, BAMC

202.378.3903  vandyke@acm.org

Alice Doesn’t Patent Here Anymore

The U.S. Supreme Court’s Alice decision and the Patent Office’s draconian rule making implementing that case have had and are having a devastating effect on software-implemented innovation in America – even though Justice Thomas made no mention of software in his opinion.  Supreme Court words have that effect.

Soon afterward the decision, perfunctory 35 U.S.C. 101 rejections from the USPTO were created and now pervade the practice, attacking anything that includes software.  Various task forces within the intellectual property bar communities are still trying to assess the damage. Speaking with the Patent Office examiners in the software and business method art units, they say that their hands are tied so to speak by these harsh rules.  To be fair, the USPTO was forced to implement these rules by White House decree.

Alas, we have seen all of this before.  At the birth of the software industry in the Sixties and early Seventies, the Supreme Court then cast a negative shadow on the eligibility of any software-implemented innovations.  Indeed, Gottschalk v. Benson (1972) set the tone for software patenting – no.  Subsequent decisions by the Court echoed this view, and even though the Court upheld a software patent in 1981, the anti-software patenting die was cast – until 1998 that is when the floodgates were opened by the Federal Circuit’s State Street Bank case.

America is clearly the leader in software development.  We originated modern coding and our multitude of software products demonstrate this.  The explosion of the Internet created entirely new paradigms of business, and innovators and entrepreneurs tried to obtain patents on much of the new terrain.  Aided by the Federal Circuit’s positive view toward software-implemented innovation (but not abstraction), the software industry grew since companies could protect their code products.  Now, large corporations have developed from these industries, and upstart software developers of today out to change the established paradigm are unwanted.  Unsurprisingly, lobbyists from some of these same large corporations have been decrying the patent system, wanting to make changes to patent law to prevent any further garage-inventors from succeeding. To them, the patent system needs perpetual reform to cripple the future.

The Justices in Alice, a unanimous decision, thought that they were doing their part to curb the rampant abuses by those greedy patent trolls and reign in the Federal Circuit too.  But words have consequences.  Alas, just as the Court’s decision in 1972 had a chilling effect on the patenting of new technologies, so, too, the Alice case is destroying the chances of many innovators to succeed against the competition.  Incredible new technologies are being developed, many on the edge of abstractness – and thus running afoul of Alice.  Advances in personalized medicine and many, many other amazing new technologies are out there in the minds of visionaries, who are not always in corporations. With the new anti-software patent bias it is hard to protect and foster such ideas into new industries.

American ingenuity and gumption are part of our collective history. The Supreme Court and the USPTO are playing with our nation’s prosperity by their actions, words and rules.  Congress, instead of acting at the behest of anti-troll lobbyists to craft even more anti-patent system legislation, further tilting the playing field toward the large corporations, should be working hard to protect American innovation and the jobs and industries generated.  Alice used to patent her new innovations.  Now, she and so many other visionaries don’t see the point, and don’t work to invent here anymore.

Raymond Van Dyke, http://www.rayvandyke.com, vandyke@acm.org