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Patents and Innovation

Patents and Innovation. Association for Competitive Technology Jonathan Zuck March 2006. The Patent Problem. More Quantity, Less Quality Increase in litigation “Dot Com Bomb” Fallout Still Evident Backlog Bad name for “software”. 3 Myths. vs. vs. Innovators. Producers.

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Patents and Innovation

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  1. Patents and Innovation Association for Competitive Technology Jonathan Zuck March 2006

  2. The Patent Problem • More Quantity, Less Quality • Increase in litigation • “Dot Com Bomb” Fallout Still Evident • Backlog • Bad name for “software”

  3. 3 Myths

  4. vs

  5. vs Innovators Producers

  6. Innovation Business • Risk capital • Market creation • Returns from Licensing not Labor

  7. Small Innovators • Venture Capital • Partnerships with larger firms • Need leverage • Need business model flexibility • No “net” – Returns are “do or die”

  8. IP to the Small Innovator • IP Makes me Attractive • IP Makes me Safe • IP Makes me Profitable

  9. FreeSoftware Innovators & Producers Research Applied App Dev App Emulation Duplication Innovation Production

  10. Shopping Cart Progress Bar Blueprints Recipe Schematic Spec What People Are Saying Compression, Encryption, Facial & Voice Recognition, Clustering Non-Obvious Technical Contribution Quality New Tangibility of Implementation Mechanical Pharmaceutical Software Driven Software

  11. Patent Reform • SMEs Need Predictability and Accessibility • Improved Pre-grant Process • Better searching • Better examination - $$ • More Comprehensive “prior art” • Improved Post-grant Process • Opposition Process • Litigation and Court Reform

  12. Questions What is software? What is innovative?

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