The history of the development of intellectual property rights captured in podcast

BackStory is a podcast (and a radio program) that attempts to bring an historical perspective to events happening around us today. What is happening with intellectual property has not escaped the prying eyes of historians Ed Ayers, Peter Onuf and Brian Balogh. Patent Pending: A History of Intellectual Property lasts about an hour, and is described on the BackStory website as: Continue reading

Three ongoing European studies seeking to inform public policy on commercialization of innovation are wrestling with the IP valuation question

Within the Europe Commission, there is ongoing government debate about the role that IP plays and the different approaches used to place a value on that IP. Continue reading

Do IP policies adopted by Congress benefit foreign corporations at the expense of U.S. consumers?

This is the question a paper released on attempts to answer. Authors Jonathan Band and Jonathan Gerafi examined the ownership of firms in IP-intensive industries and discovered some key facts: Continue reading

Revenue recognition standard to change for licensees

We are early yet (the revenue recognition changes discussed below are designed for annual reporting periods beginning on or after January 1, 2015), but valuators need to be aware that the FASB and the International Accounting Standards Board (IASB) in November released a revised proposal that would create a single revenue recognition standard for both U.S. GAAP and IFRS. The standard is designed to streamline accounting for revenue across industries and correct inconsistencies in existing standards and practices. Continue reading

USPTO Director responds to criticism of software patents

Outgoing Director of the USPTO, David Kappos, responded to critics of software patents in a recent interview.  “To the commentators declaring the system is ‘broken’ I say, ‘give it a rest already, and give the AIA a chance to work.’ Give it a chance to even get started. But we’re not done. Not nearly.” Continue reading

Three seemingly minor international developments affecting IP value may trend back to the U.S.

Small claims court opened up for IP disputes

Emphasizing, still, that legal action is the last resort to the taken for intellectual property disputes, on October 1, 2012, England and Wales added a small claims track to the Patents County Court (PCC). In the release of HM Courts and Tribunal Service’s Guide to the PCC Small Claims Track, the purpose of the new track is clearly stated:  “The small claims track is intended to benefit SMEs and entrepreneurs with the lowest value IP claims, for example, a photographer who finds his image reproduced without consent;” it is designed for claims of up to £5,000. The thought is that, up to this point in time, justice has eluded the poorly capitalized entities with respect to their intellectual property, and that a less expensive, simpler remedy is good for innovation and for business. Continue reading

Working paper from the Fed makes a case against the current patent system

Two researchers from the U.S. Federal Reserve Bank of St. Louis have published a paper calling for abolishing the patent system as we know it, calling it an impediment to innovation. Continue reading

Congressional Research Service report criticized as reflecting an anti-NPE bias

On September 5th IP Blog looked at Congress’s first look into the world of NPEs, or patent trolls. The article cited a Congressional Research Service report, a backgrounder that may have fueled one piece of proposed legislation (with passage highly unlikely) and theoretically furthered the discussion about the ultimate effect of NPEs on competition. Continue reading

USPTO publishes proposed rules and examination guidelines for first-to-file provision of the AIA

The USPTO has published its highly-anticipated proposed rules and proposed examination guidelines for the First-Inventor-To-File provision of the Leahy-Smith America Invents Act (AIA). The public comment period runs until October 5, 2012.

Seventh Circuit attempts to right the ship with respect to trademark licenses and bankruptcy

As reported in the Brian Cave Alert, despite a long history of bankruptcy stripping legal authority from existing trademark licenses, no matter how much businesses depended upon those licenses for their very existence, earlier this month the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC., held that “the rights of a trademark licensee do not automatically terminate when its license agreement is rejected by a trademark owner in bankruptcy.” Continue reading