Intellectual Property Reforms
As prolific creators of intellectual property, we believe in strong global intellectual property systems that foster innovation. To be effective, such systems should strike the appropriate balance between protecting the economic rights of inventors and the sharing of information that advances the progress of science. The solutions we envision for a smarter planet demand an intelligent infrastructure based on open technology standards. Only when information can move seamlessly within and between these systems can these solutions actually work smarter.
An intelligent infrastructure requires balanced and versatile intellectual property and open standards policies that can make systems, processes and infrastructures more efficient, more productive and more responsive. To help achieve these goals and stimulate innovation and economic growth, IBM has extended its model for balancing proprietary invention with shared IP by dramatically increasing the number of inventions and technical contributions it publishes and makes freely available to others—rather than seeking patent protection for those ideas. IBM plans to increase by 50 percent, to more than 3,000 annually, its defensive publications of inventions and technical contributions.
Publication of technological information protects inventors from allegations of infringement by placing the intellectual property into the body of prior art. It also improves patent quality, since the technical information can be cited by patent offices in limiting the scope of other patent applications.
The company is also contributing the advanced statistical and analytical capabilities of IBM Research to a collaborative project that is developing an empirical measure of patent quality. This Patent Quality Index will address the issue of low-quality patents—those with uncertain scope or dubious claims to technological innovations—and provide additional transparency to the patent system. The number of patents being filed has increased substantially in recent years, adding to historic backlogs, creating uncertainty around intellectual property rights and spawning increased speculation and litigation—issues that impede inventors, entrepreneurs and companies of all sizes.
Point of View
“Just as patents can foster innovation, they can also hinder it. They can be erroneously awarded, providing unnecessary protection that creates a drag on the economy with no upside. Patent protection, even if properly granted, may be too strong, covering too wide a range of technologies and stifling follow-on innovations that use the invention as a building block. As technology evolves, patent law must accommodate new areas of innovation and new industries not encountered before, including those resulting from cross-industry collaboration and comprised of a multitude of discrete technologies. The major legal institutions—Congress, the courts and the United States Patent and Trademark Office—are trying to meet the challenge of maintaining a healthy, beneficial patent system. Private entities that use the system also need to assist in the patent examination process by drafting high-quality applications and fully observing their duties to disclose relevant information. They should also take a proactive role in patent reform efforts—providing ideas, information and support to all three government branches.”
Christopher A. Cotropia, Professor of Law, Intellectual Property Institute, University of Richmond School of Law
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