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Join us at the IEEE Region 6 Conference on Intellectual Property, Licensing, and Capital Flow to learn about the impact of recent changes in patent law on startups and to discuss strategies for ensuring capital flows to innovative ideas.
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IEEE Region 6Conference on Intellectual Property, Licensing, and Capital Flow Keith D. Grzelak, Chair IEEE-USA IPC Chair IEEE-USA IP Professionals Chair Silicon Valley (tbd) September 2016
Why an IP conference? • Cumulative changes to patent law are coming home to roost. • An effort to kill “patent trolls” has also changed property interest acquisition by legitimate start-ups. • Next generation tech companies in Silicon Valley are starting to ask the question, “What just happened?” • A fully functioning patent system should ensure that capital flows to good ideas. • We plan to educate our members on these new challenges: patent procurement/enforcement; licensing; and capital flow.
District court §101 patent decisions by technology classes since the Alicev. CLS decision as of November 15, 2015 N = 348 patents Source: Robert Sachs, “#AliceStorm,” December, 2015.
Post grant administrative patent invalidation proceedings at the US Patent Office - the implications to patent owners and users • 3,973 requests made for AIA challenge proceedings (IPR, PGR, CBM) as of 9-30-2015 • Of these, 3,578 requests made for inter partes review (IPR) since Sept. 2012—versus 1,841 comparable requests over 13 years of pre-AIA regime • 70% of IPR petitions are instituted • 82% of IPR proceedings are conducted with parallel litigation pending in district courts, which denied only fewer than 28% of IPR stay motions through 3Q 2015 Source: David Kappos, “U.S. Patent System Vital Signs: A Quarterly Update,” (Nov. 2015)
Value to members • Educate our members on a significant start-up risk. • Engage our members on public policy so that we might make a policy difference before it is too late. • Help our members make better decision on where they should expend their skills on STEM projects – our members want to be rewarded for what they do and some areas will not be as rewarding due to these recent changes.