World IP Day 2017 Redux

MK4B2313

The celebration of World Intellectual Property Day at the U.S. Patent & Trademark Office was held on April 26, 2017, where April 26th is the official anniversary date.

After the Chief Policy Officer of the USPTO, Shira Perlmutter, started the event, there where a number of distinguished speakers, including John Sandage, World Intellectual Property Organization (WIPO) Deputy Director General, Patent and Technology Sector, Joseph Ferretti, Vice President and Chief Counsel, Global Trademarks at PepsiCo, Inc. and President of the International Trademark Association (INTA),  Jeanine Hayes, Chief IP Officer of Nike, Inc., and Mario Bollini, Co-founder and Chief Technology Officer, Global Research Innovation and Technology, Inc. (GRIT).  Ms. Hayes demonstrated Nike’s commitment to improving lives with innovation, this year’s WIPD theme, with the latest in Nike technology.  Mr. Bollini then demonstrated his all-terrain Freedom Chair for the disabled.

it was a hard act to follow, but follow I did with my talk on the History of Innovation, with examples of important inventors that improved lives, such as Edison (the light bulb illuminating the night ), Morse (transmission of information faster than horses), various medical innovations, such as that of Raymond Damadian of Fonar (the creator of the magnetic resonance imager) and many other fascinating technologies.

I also talked about the origins of the intellectual property laws and the reasons we have them.  For patent and copyright, our Founders enshrined these rights into the Constitution itself – with the other “rights” set forth in the attachment, The Bill of Rights.  Also, our Founders in essence democratized the U.S. patent system, permitting anyone to file for and obtain a patent.  This was a big change from the systems on the Continent.  George Washington extolled the benefits of a patent system in the First Inaugural Address.  Also, Abraham Lincoln was an avid fan of the patent system and spoke at length about its advantages – equating the importance of the patent system to the founding of the United States.

The above speakers also spoke later at the Senate Hart building, and numerous Congressmen showed up, including Representative Goodlatte of Virginia, with whom I spoke about the importance of the patent system benefiting all Americans, whether individuals, small companies or large corporations.  We both strongly agreed that this was in America’s best interest.  Under his direction, the House of Representatives that day approved by a vote of 378-48 the Register of Copyrights Selection and Accountability Act  (H.R. 1695), which would make the appointment of the Copyright Registrar a Presidential one (instead of the current Librarian of Congress) and for a term of ten years.

I should also add that Senator Coons of Delaware, a staunch supporter of the patent system, also spoke.  His strong advocacy of the patent system is quite welcome to the patent bar and all innovators relying on the patent system.

Patent Damages Symposium in Washington, DC

On February 23, 2017 in Washington, DC, the Licensing Executives Society (www.les.org) is having a Patent Damages Symposium with prominent damages professionals and IP attorneys, including Krista Holt, CEO of GreatBridge Consulting, Inc, Ryan Morris, a partner at Sidley & Austin, Jennifer Vanderhart, PhD Economist and a Principal at Analytics Research Group, Robert L. Vigil, PhD,  Principal  at Analysis Group, Inc., and Raymond Van Dyke, Principal at Van Dyke Law.   We will talk about recent cases affecting patent damages, techniques for patent prosecutors to maximize damages and current trends in damages.

The link is http://www.lesusacanada.org/events/EventDetails.aspx?id=921187&group=160111

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.  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!  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.  http://www.rayvandyke.com

Copyrights for the Creative Community

For those in the Washington, DC area, I am speaking on the basics of Copyright for authors, videographers, and other artists for the Montgomery County Media group at  Montgomery County Television in Rockville, MD tomorrow, September 13, 2016 starting at 6:30 PM.  The address and to MCM are below:

Montgomery Community Television, Inc.
7548 Standish Place
Rockville, MD 20855

My wife and I have had the privilege of learning studio techniques, producing video, and other studio skills at MCM.  I hope that you can make this talk.

Ray Van Dyke Presentation to the Montgomery County Media organization description:

This lively presentation will cover the basics of copyright law and current issues showing the ongoing transformation of copyright.  Since creativity and copyright go hand-in-hand, this presentation will be both relevant and informative.

Ray Van Dyke is an intellectual property (IP) practitioner in Montgomery County and DC, handling patent, trademark, copyright and other legal matters for his clientele.  He is Co-Chair of the IP Section of the Montgomery County Bar Association, and active in many other IP and technical societies.  He also teaches IP law issues at several institutions, particularly Southern Methodist University, where he is an Adjunct Professor.

Please send me an email to let me know you are coming to the event.  vandyke@acm.org

Ray

The weblink to MCM: http://www.mymcmedia.org/

Beyond the Alice Event Horizon: the spaghettification of software patenting

For anyone interested in learning more about the state of affairs for software patents now two years after the Supreme Court Alice decision, I am giving a free webinar this Thursday, April 13, 2016, at 1 PM EST USA on behalf of the Licensing Executives Society.  The link to register is below.  I wish to thank my friend Sanjay Prasad for this opportunity to speak.

http://www.lesusacanada.org/events/EventDetails.aspx?id=800491&group=160372

As a patent specialist for many years, software to me represents one of the great things about American ingenuity.  Although my practice spans many technologies, the joys of handling these cases has been tempered a bit by Justices’ and legislators’ misguided efforts to thwart one of America’s fortes (and one of our chief exports).

I first wrote code many years ago in Fortran IV, and later got a Masters in Computer Science at the University of North Carolina at Chapel Hill, one of the top schools for that discipline.   At UNC, I also studied under Dr. Frederick Brooks, a preeminent scholar and researcher, before heading off to law school and learning to protect inventions of all sorts. Now, over 25 years later and well over a thousand patents defended and obtained for many clients, there are stories to be told.

My talk will address how we got into this situation where innovation is being frustrated and the patent system is perversely held to blame.

This voyage is free. I hope you sign up and join me, where I will define spaghettification;)

Ray Van Dyke

vandyke@acm.org

(202)378-3903 USA

Ray Van Dyke Teaches About IP in Montgomery County, Maryland

As noted, 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 continuing series of presentations on the fundamentals of intellectual property law  at the Bar headquarters in Rockville, Maryland.  See: 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 meetings have covered an overview of all IP rights, and two meetings about patents.

The next meeting, February 20, 2016, will address the current issues and controversies involving the remaining IP rights, i.e., copyrights, trademarks and trade secrets, along with a bit of antitrust.  For those who missed the talk about patents and would like to hear more, I am having a refresher on patents at 8:30 AM, with the talk about the other IP rights starting at 9 AM.

The BAMC is offering 3 hours of CLE for this event for those needing it.

As the speaker, I can say that the material will cover not only the law, but will include anecdotes about famous cases, 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 Course on Intellectual Property at SMU

Next week at Southern Methodist University in Dallas, Texas, I reprise my course on intellectual property. Excerpts from the course description are set forth below and available online at  http://lyle.smu.edu/~matula/IPIT/

Dr. David Matula and I have taught the class since 2000, and I am honored to teach the class again on January 15 and 16, 2016. The Course is open to everyone and I hope to see those that can attend next week. Engineers, scientists, corporate and business people, faculty and students have praised the class, and 2016 will be no exception! My presentation includes all the basics on IP, current developments, and purposes of IP to our society (and the past).  For beginners, the class is a lively introduction to IP.  For those with some knowledge of IP, the materials offer a refresher with recent case law.

I hope to see you there!

Ray, vandyke@acm.org

COURSE DESCRIPTION

What is intellectual property? Why should I patent my innovation? How do I draft my claims?  This course will address the importance of technology and intellectual property in America, the fundamentals of patent, copyright, trademark and trade secrets for the lay person, and the real world application of those rights.

Fair use, open source, and alternatives will be described and interpreted.

Current developments and changes are also covered. In particular, the America Invents Act of 2011, the most monumental change to patent law since 1836, will also be discussed, and the significant effects on universities, small inventors and companies highlighted. Supreme Court, Legislation and other developments that affect these rights will also be covered in this popular and engaging presentation.

TOPICS TO BE COVERED BY THE COURSE INCLUDE:

  • History and Philosophy of Intellectual Property Rights and their role in the information age
  • Intellectual property’s impact on information system design and development
  • The inventor’s role in recognizing and protecting a patentable idea
  • Analysis of ground breaking industry patents
  • Impact of Emerging Technologies on Intellectual Property

DETAILS ON LOCATION AND CREDIT

Computer Science & Engineering Department

Bobby B. Lyle School of Engineering
Presents

 16th Annual Short Course on Intellectual Property and Information Technology

January 15 & 16, 2016:  Friday 9:am-5:pm, Saturday 9:am-1:pm

Palmer Conference Center for Engineering Leadership

Caruth Hall, Rm. 406

3145 Dyer Street, Dallas, TX  75205

Short course fee:  $200 (group rates available)

SMU Students:  Credit – one hour:  Register for CSE 5111/7111

Non-credit complimentary SMU student registration available (contact beth@lyle.smu.edu)

Any remaining questions? Contact me at vandyke@acm.org or visit my webpage at http://www.rayvandyke.com

Ray Van Dyke teaching a Class on Patent Law

 

As noted, 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 continuing series of presentations on the fundamentals of intellectual property law  at the Bar headquarters in Rockville, Maryland.  See: 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, December 1, 2015, will address the current issues and controversies involving patents, e.g., the so-called troll movement and ongoing legislative efforts in that regard.  At the last meeting, on November 11, 2015, the basics of patents were discussed, along with the historical and societal underminings of patents in society, partoicularly in the United States with the strong support of George Washington, Thomas Jefferson, James Madison, Alexander Hamilton and other Founders, as well as Abraham Lincoln, a President well-versed in technology and greatly appreciative of the American system of patent law and the advantages accorded.  Sadly, many of those advantages are being undermined by the rash of legislation, including the AIA.

Copyrights, trademarks and trade secrets 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 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

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

To Kill a Patent System: What Would Atticus Finch Do?

Last Wednesday I had the privilege to speak about the importance of Intellectual Property in Washington, DC.  As Chair of the Greater Washington, DC Chapter of the Licensing Executives Society, I and a friend, Sanjay Prasad, conducted the Introduction to IP and Licensing Course for LES. Here is the link:  http://www.lesusacanada.org/chapters/usa/washington-dc-chapter/march-11-2015-washington-dc-chapter-ip-licensing-basics

The Course is a good introduction to the mechanics of licensing of IP assets.  Please contact me or LES (www.les,org) to learn more about these programs which explore many more and advanced licensing topics.

That evening, I also spoke, with guest Todd Dickinson, on the ongoing challenges to the U.S. patent system in a talk called “To Kill a Patent System; What Would Atticus Finch Do?.”  Here is the link:  http://www.lesusacanada.org/chapters/usa/washington-dc-chapter/march-11-2015-washington-dc-chapter-meeting

Current bills in the House and Senate aim to impair and perhaps destroy key components of the U.S. patent system – through intended and perhaps unintended consequences.  Even though lobbyists for several tech companies are actively pushing for ways to gut the patent system, hopefully Congress can see beyond the hyperbole.  Under the guise of troll killing, these errant knights may instead kill the lifeblood of the nation.

In short, contact your Congressional representatives and urge them to exercise caution. The current quest or zeal for patent reform should not run amok, as the Fourth Crusade, where Constantinople was shamefully ransacked.  The intended/unintended consequences of many of these new reform measures will undercut our nation.

The ongoing mantra that patents hinder innovation is utter nonsense.  Patents protect innovation, secure funding for fledgling companies, and otherwise promote new ways of life.  By condemning patents as anti-innovation, the big tech companies, through their lobbyists and the press, are themselves trying to hinder innovation by eliminating competition, and maintain their own market share without disruptive upstarts.

LES and many other organizations condemn these actions to cynically malign the patent system for private gain. But we should all lend our voice against this rather malevolent attempt to kill what our Founders gave us.  Patents and copyrights are the only rights set forth in the Constitution.  All other rights are separately attached in a Bill of Rights, such as the right of free speech, etc. Our great nation owes much of that greatness to a robust patent system, where innovation and innovators large and particularly small are protected.  Tilting the system toward large corporations with large war chests undermines the fabric of what the Founders wanted and what our nation needs.  These recent legislative efforts go too far, and our representatives need to know this.

Raymond Van Dyke, IP/patent practitioner and educator

vandyke@acm.org, 202.378.3903