intellectual property

As recently explored in an episode of This American Life, high-tech patent litigation has reached unprecedented proportions, with many research-oriented companies now joining the calls to restructure the patent system. This week, the White House released five executive orders and seven legislative recommendations to add transparency to the system and level the playing field for innovators. The executive orders require patents to name the real party-in-interest (as opposed to shell companies), call for stricter bounds on functional claims, limit the liability of end users, strengthen exclusion orders to ban the import of infringing products and begin a more extensive investigation of the current system. Read the White House announcement...

In his first speech as secretary of State, John Kerry declared that U.S. economic competitiveness should be the centerpiece of American foreign policy. In the weeks following his appointment, the U.S. government has signaled a push to work with international partners to enhance U.S. global competitiveness and protect tech innovation at home. Two key elements of this strategy include continued harmonization of global antitrust laws and new efforts to protect American intellectual property from theft.

Invention is a driver of economic growth. That is the assertion of Brookings latest report on U.S. patenting and its effect on the country's economic prosperity entitled Patenting Prosperity: Invention and Economic Performance in the United States and its Metropolitan Areas. The U.S.'s innovative capacity and activity has increased steadily, but other nations are catching up and the U.S. must identify the implications of this fact to remain competitive. Authors Jonathan Rothwell, José Lobo, Deborah Strumsky, and Mark Muro compiled USPTO patent information from 1975 to 2012 detailing the quality of the patent, the metropolitan area of residence of the inventor, the industrial orientation of the patent and other relevant material. They found that high rates of patenting coincide with greater productivity, lower unemployment and the creation of publicly traded companies within U.S. Statistical Metropolitan Areas. The correlation is strong enough that the authors claim the effect of patents on growth is roughly equal to that of having a highly educated workforce.

The Patent and Trademark Office of the U.S. Department of Commerce published final rules of practice for implementing the first-inventor-to-file provision of the Leahy-Smith America Invents Act (AIA) that will take effect on March 16. The AIA is a major step towards harmonizing the patent systems of the U.S. and its major trading partners. The legislation will aid the U.S. government in the prosecution and enforcement of American patents in use across the global economy, as well as reduce the costs of filing for inventors and companies by simplifying the application of patents across multiple jurisdictions.

In the face of the spiraling unemployment in Greece and Spain, the European Union (EU) received encouraging news regarding the economic recovery of firms across its 27-member states. According to the EU Industrial R&D Investment Scoreboard, European firms reported increased R&D investment (8.9 percent nominal growth), sales (4.9 percent nominal growth) and profits (3.5 percent nominal growth) for the second straight year in 2011. The 8.9 percent growth in R&D investments by European firms puts them above world average and similar than that of U.S. firms (9.0 percent). However, U.S.-based firms continue to perform better than EU-based firms in terms of sales growth (12.3 percent for U.S. firms versus 4.9 percent for EU firms) and profits growth (12.4 percent for U.S. firms versus 3.5 percent for EU firms). These numbers are particularly encouraging for the EU only two years after reporting negative growth in Industrial R&D investment in 2008 and a continuation of adverse market conditions and uncertainties due to the persistent effects of the crisis including the potential collapse of the Spanish and Greek economies.

Two recent academic research articles found that innovation at institutions of higher education and domestic firms are significantly impacted by an increase in the immigration of skilled and qualified immigrants. An article from Stuen et al. found the quality of immigrant students was the determining factor in their contribution to the production of knowledge at academic science and engineering laboratories. In an unpublished article from Kerr et al., the authors examined the impact of skilled immigrants on the employment structures and innovation rates of U.S. firms. The authors of these articles also provide several recommendations to increase the number skilled immigrants that include making student quality the key criterion for receiving a visa, repealing 2001 legislation that limited the number of student visas and business taking a more active role in advocating for immigrations polices (e.g., H-1B visa reform) that attracted skilled workers to the United States.

On September 17, 2012, the U.S. Patent and Trademark Office (USPTO) implemented seven provisions of the Leahy-Smith America Invents Act of 2011 (AIA) including:

Although the economic ramifications of the recent global recession still remain, countries across the world have remained committed to supporting their innovation economies. Several initiatives across the globe highlight these efforts including the European Union (EU) announcing that it will commit significant funding to three innovation-focused programs and an economic development strategy in British Columbia, Canada, to support the province's technology sector and spur job creation. A recent report also found that a positive link exists between economic development, technology transfer, increased rates of innovation and the strengthening of IPRs in both developed and developing countries.

A new report from the Ohio Board of Regents proposes a statewide commercialization ecosystem to create jobs, promote economic growth and increase wealth in the state. According to the report, recent research suggesting that, when compared to other states, Ohio lags behind in the commercialization of technology. In The Condition of Higher Education in Ohio: Advancing Ohio's Innovation Economy, there are several recommendations to improve the state's technology transfer pipeline to turn academic research into market-ready products and services including:

Intellectual property-intensive industries contribute approximately $5 Trillion to U.S. Economy and at least 40 million jobs, according to a new U.S. Patent and Trademark Office (USPTO) report — Intellectual Property and the U.S. Economy: Industries in Focus. The report highlights 75 industries that use several forms of intellectual property (IP) protections (i.e., patents, copyrights and trademarks) most extensively. Using several economic impact indicators, the authors found that these industries were key drivers of the U.S. economy in 2010 including: