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<title>Thomas J. Colson - Securing Innovation</title>
<link>http://www.securinginnovation.com/thomas-j-colson.html</link>
<description>is President and CEO of IP.com, Inc. He is a registered patent attorney with extensive experience in both prosecution and litigation. Throughout his career, Mr. Colson has succeeded in business roles from Sales &amp; Marketing, to Operational Management, to President. Mr. Colson has created client-specific processes that employ industry best practices and tools for invention creation, invention and information capture, and intellectual property exploitation. He has invented software and business methods associated with the efficient analysis and management of intellectual property,and is currently the named inventor in eight United States patent applications.</description>
<language>en-us</language>
<copyright>Copyright 2008</copyright>
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<pubDate>Tue, 19 Aug 2008 10:53:36 -0500</pubDate>
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<title>USPTO Believes Children Are Our Future</title>
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<p>&nbsp;</p>
<p>The Patent Office, along with the <a href="http://www.invent.org/">National Inventors Hall of Fame Foundation</a> and the Ad Council, launched a series of new ads this month to encourage children to invent stuff. The campaign is described in a recent <a href="http://latimesblogs.latimes.com/technology/2008/07/kids-invent-the.html">article in the LA Times</a> that features a <a href="http://latimesblogs.latimes.com/technology/2008/07/kids-invent-the.html">video of the latest television ad</a>.</p>
<p style="margin-left: 40px;">The public service ads, which build off a campaign started last year and will appear on TV, radio, the Web and billboards, are aimed at kids between the ages of 8 and 11. The TV version features a boy showing off a very typical boy idea: bicycle tires with suction cups. Hint: it's not a real invention, as you could probably guess when you see the kid riding on the ceiling in the video above.</p>
<p style="margin-left: 40px;">The idea is to use humor to inspire the next young Steve Jobs or Bill Gates. The ads tell kids, &quot;Anything's possible. Keep thinking,&quot; and direct them to <a href="http://www.inventnow.org/">Invent Now</a>, a social networking site sponsored by the same groups. Children can upload designs of their inventions, comment on other kids' ideas and play games. The site even walks them through the steps needed to get a real patent. It's like a mini-lesson in intellectual property law (which could come in handy if they're Scrabulous fans.)</p>
<p>Some&nbsp; of the 1.200 children who have posted inventions to the <a href="http://www.inventnow.org/">Invent Now</a> website are girls, too, but there's always the risk that such well-intentioned programs and the media reinforce gender stereotypes by showing boys inventing &quot;typical boy ideas&quot; and girls inventing things for women.</p>
<p>Raising three girls, we've become keenly aware of gender stereotypes in our culture, so we decided to make a special effort to teach our girls that they can do anything.</p>
<p><a href="http://www.agirlnamedpants.com/">A Girl Named Pants</a> is a series of children's books I've written to push back against gender stereotypes and teach girls that they can do anything. She'll probably invent something, too, like these <a href="http://inventors.about.com/od/womeninventors/Women_Inventors.htm">women inventors</a>. After all, she can do anything!</p>]]></description>
<link>http://www.securinginnovation.com/2008/08/articles/patents/uspto-believes-children-are-our-future/</link>
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<category>A Girl Named Pants</category><category>Invent Now</category><category>National Inventors Hall of Fame Foundation</category><category>Patents</category><category>Women Inventors</category>
<pubDate>Tue, 19 Aug 2008 09:15:20 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>IP.com&apos;s Good Chemistry With IP Newsflash</title>
<description><![CDATA[In the short time since we first wrote about the <a href="http://www.securinginnovation.com/2008/02/articles/patents/news-flash-ip-newsflash-gets-new-look/">new and improved IP Newsflash</a> intellectual property news feed aggregator on this blog, and linked to IP Newsflash from the home page of our company website at <a href="http://www.ip.com">www.ip.com</a>, our site has become one of the <a href="http://www.ipnewsflash.com/list.php">top links</a> referring visitors to IP Newsflash. <br />
<br />
Our relationship is symbiotic. Our readers seem to like the link to one of the best intellectual property news sites, and we certainly appreciate the new visitors to our company website from <a href="http://www.ipnewsflash.com">IP Newsflash</a>.<br />
<br />
There's good chemistry between us. <a href="http://www.dompatent.de/patentanwalt/rclaessen.htm">Rolf Claessen</a>, a partner of the patent law firm v. Kreisler Selting Werner, <a href="http://www.ipnewsflash.com/about.php">who created IP Newsflash</a>, holds a Ph.D. in chemistry from the State University of New York in Albany. I got my chemistry degree at <a href="http://www.suny.edu/">SUNY</a>, too, in Buffalo.]]></description>
<link>http://www.securinginnovation.com/2008/08/articles/ipcom-inc/ipcoms-good-chemistry-with-ip-newsflash/</link>
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<category>IP.com, Inc.</category>
<pubDate>Mon, 11 Aug 2008 03:01:13 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>You Can&apos;t Patent Everything Under The Sun</title>
<description><![CDATA[Mike Dillon, General Counsel of Sun Microsystems, has written <a href="http://blogs.sun.com/dillon/entry/the_patent_arms_race">an interesting blog</a> in which he describes a new approach for a major company that files hundreds of patent applications every year. He says:<br />
<blockquote>...at some point, a company needs to ask how many patents it really needs. And, that's exactly what we did about three years ago. Up to that time Sun was filing well over 1,000 patent applications per year. But, in 2005, we made the decision to reduce our patent filings to the point that we had about 700 patents issued  last year. And this number may decline in the future. While this is still a sizable number for most companies, it is a significant decline for Sun and occurs during a period in which we have more  innovation than at any point in Sun's history.<br />
<br />
Why the change? Part of the reason is financial. On average, it costs more than $20,000 to obtain a U.S. patent and this figure grows significantly when you file around the world. Also, this amount does not include annual annuities required to keep a patent in effect. Being selective in what you patent can result in significant savings. However, the bigger reason for the change is that our focus has shifted from quantity to quality. To this end, we have completely re-architected the manner in which we determine the innovations we will patent. As part of this process, inventions are reviewed by a panel of the chief technology officers from across our different lines of businesses with input from distinguished engineers and other experienced innovators. We apply a significant amount of scrutiny to determine whether something is truly innovative before we submit it to the PTO. For us, it doesn't make sense to patent everything. Rather, our focus is on patents that represent significant technological innovation.<br />
</blockquote>Makes a lot of sense. Companies that file applications for several hundred patents every year have to consider carefully which of many thousands of inventions by their employees are worth making a patent application for, and which innovations should be protected with a different strategy. Managing the intellectual property review process, especially in large companies with experienced innovators in many locations around the world, is critically important and sometimes challenging to control.<br />
<br />
In many cases, companies rely on ad hoc, human driven processes for safeguarding ideas and making decisions about them. Subsequently, a lot of innovative ideas lie fallow or are lost. Since human processes are error prone, a lot of mistakes get made. This represents a significant risk for companies today. That's why many of our larger <a href="http://www.ip.com/about/clients.jsp">clients</a> are employing the newest technologies from <a href="http://www.ip.com">IP.com</a> to help them organize their processes for intellectual property review in a secure environment customized for their special needs.<br />
<br />
<img width="300" height="131" align="right" alt="InnovationQ Workflow" src="http://www.securinginnovation.com/iq-workflow.jpg" /><a href="http://www.ip.com/innovationq/">InnovationQ</a> helps protect intellectual property by securing and authenticating it. Powerful tracking and reporting capabilities enable managers to see every event associated with an intellectual property asset, helping to detect synergies in their organization and guard against misuse. <br />
<br />
The InnovationQ <a href="http://www.ip.com/innovationq/components.jsp">workflow engine</a> also allows companies to automate intellectual property processes in an easy to use, yet deliberate fashion that helps to ensure error-free compliance.<br />
<br />
If your company manages a lot of intellectual property, you might find interesting the white paper &quot;<a href="http://www.ip.com/innovationq/">Best Practices for Successful Innovation Management</a>&quot; that is available to <a href="http://www.ip.com/innovationq/">download free here</a> from our website. And if you'd like to talk confidentially about your special requirements, by all means <a href="http://www.ip.com/contact/">give us a call</a> and let's see if we can help you.]]></description>
<link>http://www.securinginnovation.com/2008/05/articles/innovation-management/you-cant-patent-everything-under-the-sun/</link>
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<category>Innovation Management</category><category>InnovationQ</category><category>Patents</category><category>Sun Microsystems</category>
<pubDate>Wed, 28 May 2008 05:17:36 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Sun CEO Jonathan Schwartz&apos;s Blog Review</title>
<description><![CDATA[<a href="http://pr.typepad.com/about.html">John Cass</a>, a marketer who writes about corporate blogging, <a href="http://pr.typepad.com/pr_communications/">PR communications</a>, marketing, social media, and the Internet, reports <a href="http://pr.typepad.com/pr_communications/2008/05/better-than-ave.html">better than average ratings for blogging Fortune 500 companies</a>.<br />
<blockquote>[Cass] developed a new chart for the <a href="http://www.socialtext.net/bizblogs/index.cgi?fortune_500_business_blogging_wiki">Fortune 500 business blogging wiki</a>. The chart shows the average scores for reviews conducted on Fortune 500 companies that are running a corporate blog.<br />
<br />
You can review the chart on the <a href="http://www.socialtext.net/bizblogs/index.cgi?about_this_wiki">about this wiki</a> section of the website.<br />
<br />
Using the <a href="http://www.businessandblogging.com/business-blogs-the-good-the-bad-and-the-ugly/">businessandblogging.com methodology</a> for reviewing blogs, which is a system of eight review factors to give a total of 80 potential points for assessing a company's blog, <br />
</blockquote>Heaven forbid anyone might apply such rigorous analysis to our corporate blog, but at least that gives us some high standards to aspire to. We've long been fans of the blogs at <a href="http://blogs.sun.com">Sun Microsystems</a>, led by CEO <a href="http://blogs.sun.com/jonathan/">Jonathan Schwartz</a>. When we launched this corporate blog for IP.com Inc., I wrote about <a href="http://www.securinginnovation.com/2007/12/articles/ipcom-inc/why-we-believe-in-business-blogs/">why we believe in business blogs</a>, mentioning Sun blogs as leading examples of what we hope to achieve with this new medium for corporate communications. So we were especially interested when John Cass<a href="http://pr.typepad.com/pr_communications/2008/05/google-sun-micr.html"> reported on PR Communications</a> that one of the Fortune 500 blogs reviewed was <a href="http://blogs.sun.com/jonathan/">Jonathan Schwartz's Blog</a>.<br />
<blockquote>Nigel Vanderford <a href="http://senatoryourenojackkennedy.blogspot.com/2008/05/corporate-blog-analysis.html">reviews the CEO of SUN Microsystem's blog</a>, Jonathan Schwartz. Nigel gave Jonathan's blog high marks, 68 out of 80. He liked the frequency of posting, engaging writing and interactiveness with the rest of the blogging community. Nigel discovered Schwartz comments on other blogs.<br />
</blockquote>I would have given <a href="http://blogs.sun.com/jonathan/">Jonathan's Blog</a> even higher marks--because his blog makes me aware of how much I have yet to learn about blogging. Hopefully, my team and I can learn from the <a href="http://www.sun.com/communities/guidelines.jsp">good example</a> set by Jonathan Schwartz and other senior executives like <a href="http://blogs.sun.com/dillon/">Mike Dillon</a> who <a href="http://blogs.sun.com">blog at Sun</a>.<br />
<blockquote>The goal isn't to get everyone at Sun contributing online, it's to become part of the industry conversation. So, if you are going to write, look around and do some reading first, so you learn where the conversation is and what people are saying. Remember the Web is all about links; when you see something interesting and relevant, link to it; you'll be doing your readers a service, and you'll also generate links back to you; a win-win.<br />
</blockquote>That's what we like to do in our Quick Links in the sidebar to the left, where we share interesting blogs and articles we've found. We're learning, and sharing.<br />]]></description>
<link>http://www.securinginnovation.com/2008/05/articles/ipcom-inc/sun-ceo-jonathan-schwartzs-blog-review/</link>
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<category>Blogs</category><category>IP.com, Inc.</category><category>PR Communications</category><category>Sun Microsystems</category>
<pubDate>Tue, 20 May 2008 19:40:40 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>PharmaBiotech IP Summit &amp; BIO International</title>
<description><![CDATA[The authors of&nbsp; the outstanding &quot;<a href="http://www.patentdocs.net/patent_docs/">Patent Docs</a>&quot; blog are patent attorneys who hold doctorates in biotech and chemical disciplines, so it's a good place to keep track of all the <a href="http://www.patentdocs.net/patent_docs/2008/05/conference-cl-1.html">upcoming continuing education seminars and conferences of interest</a> to patent professionals in those industries.<br />
<br />
<a href="http://www.ip.com">IP.com Inc.</a> will be represented at two of those upcoming conferences:<br />
<br />
May 28-30, 2008 - <a href="http://www.patentdocs.net/patent_docs/2008/02/pharmabiotech-i.html">PharmaBiotech IP Summit</a> (Worldwide Business Research) - Philadelphia, PA<br />
<br />
June 17-20, 2008 - <a href="http://www.patentdocs.net/patent_docs/2007/12/bio-internation.html">BIO International Convention</a> (Biotechnology Industry Organization) - San Diego, CA<br />
<br />
In addition to introducing <a href="http://www.ip.com/innovationq/">InnovationQ</a> to many prospective <a href="http://www.ip.com/about/clients.jsp">clients like these</a>, hopefully, we'll get a chance during these conferences to meet with outstanding bloggers like&nbsp; the <a href="http://www.patentdocs.net/patent_docs/">Patent Docs</a> and get together over coffee with the <a href="http://www.patentbaristas.com">Patent Baristas</a>. If you're going to be attending one of these upcoming conferences and would like to meet up while we're there, <a href="http://www.ip.com/contact/">contact us</a> and we'll set something up.]]></description>
<link>http://www.securinginnovation.com/2008/05/articles/ipcom-inc/pharmabiotech-ip-summit-bio-international/</link>
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<category>IP.com, Inc.</category><category>Innovation Management</category><category>InnovationQ</category><category>Patent Baristas</category><category>Patent Docs</category>
<pubDate>Wed, 14 May 2008 10:29:02 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Gratis Greentech and Technical Disclosures</title>
<description><![CDATA[The idea of expanding the scope of the <a href="http://www.wbcsd.org/web/epc/">Eco-Patent Commons</a> under the auspices of the World Business Council on Sustainable Development by creating a new system of technical disclosure publication including eco-friendly innovations not yet patented, which we blogged about <a href="http://www.securinginnovation.com/2008/02/articles/innovation-management/ecopatent-commons-meets-open-innovation/">here</a> and <a href="http://www.securinginnovation.com/2008/04/articles/defensive-publishing/ecopatent-commons-technical-disclosures/">here</a>, has piqued more interest following the article by IP consultant Nancy Edwards Cronin in her <a href="http://www.greenbiz.com/column/2008/04/16/growing-eco-patent-commons-truly-promote-green-innovation">Strategic Thinking column on Greenbiz.com</a>.<br />
<br />
On the Green Patent Blog, covering intellectual property issues in clean technology, patent attorney Eric Lane follows up that article with a post headlined &quot;<a href="http://greenpatentblog.com/2008/04/27/more-on-gratis-greentech-a-proposal-for-expanding-the-eco-patent-commons/">More on Gratis Greentech: A Proposal for Expanding the Eco-Patent Commons</a>&quot; where he writes:<br />
<blockquote>Whether or not you agree with her argument about issued patents, her idea of adding invention disclosures to the Commons would almost certainly benefit the initiative and its participants by increasing the value and utility of the available green technology.  Of course, no independent or targeted donations to the Commons would be necessary because enabled invention disclosures are by definition in the public domain and available to everyone.  Instead, to make the technology available to greentech firms, it would just need to be made accessible via the Commons.  Broadly, Cronin&rsquo;s idea could be implemented in one of three ways.  Either companies who publish environmentally-beneficial technology in these disclosures could provide the publication information or citations to the Commons, the Commons itself could monitor the disclosure publications, or the publications could alert the Commons of relevant published disclosures.  However it&rsquo;s done, I can&rsquo;t argue with increasing green idea and technology sharing.<br />
</blockquote><font face="ARIAL, HELVETICA"> Defensive Publishing denotes the disclosure of an invention with the purpose of creating prior art, and thus to prevent the granting of a patent. Regarding a worldwide initiative to &quot;promote the progress&quot; in the interests of the global environment, as envisioned by the the Eco-Patent Commons--beyond patents--including innovation and inventions not before patented, one must consider the different effects of &quot;prior art&quot; in various patent jurisdictions around the world.<br />
<br />
In a&nbsp; recently published Working Paper titled &quot;<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=981444">Alternatives to the Patent Arms Race: An Empirical Study of Defensive Publishing</a>&quot;, Joachim Henkel and Stephanie Pangerl note the differences between the European Patent Convention and US patent law.</font><br />
<blockquote>US patent law is somewhat more restrictive in its definition of state of the art by excluding from patentability only those inventions that were &ldquo;known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent&rdquo; (US Patent Act, Section 102a). Public use in Europe would thus not be sufficient to establish prior art in the US. In addition, use or description of the invention must have taken place before the invention by the applicant or, as Section 102.b specifies, one year or more before filing of the application. This &ldquo;first-to-invent&rdquo; rule has an ambiguous effect on the attractiveness of defensive publishing. On the one hand, a DP may not pre-empt a patent application if the latter is filed less than 12 months after the DP and if it claims an earlier date of invention. In such a case, a DP might even trigger a competitor&rsquo;s patent application. On the other hand, a DP can help to establish priority for an inventor, who maintains the option to file for a patent within the following year.</blockquote>Consistent with the objectives of the Eco-Patent Commons, any similar system of technical disclosure publication should go beyond existing defensive publishing strategies to include a legally binding waiver of any option to file for a patent within the year following such publication.<br />
<br />
We'd propose a definitive publication system for technical disclosures of eco-friendly innovations that would effectively relinquish all rights of the publisher to apply for a patent of the invention disclosed, anywhere in the world, anytime in the future.<br />]]></description>
<link>http://www.securinginnovation.com/2008/05/articles/defensive-publishing/gratis-greentech-and-technical-disclosures/</link>
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<category>Defensive Publishing</category><category>Eco-Patent Commons</category><category>Technical Disclosures</category>
<pubDate>Mon, 05 May 2008 13:47:55 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Eco-Patent Commons Technical Disclosures</title>
<description><![CDATA[In her Strategic Thinking column on GreenBiz.com, Nancy Edwards Cronin recommends <a href="http://www.greenbiz.com/news/columns_third.cfm?NewsID=55892">Growing the Eco-Patent Commons to Truly Promote Green Innovation</a>. While lauding the objectives of this green initiative, she suggests that the Eco-Patent Commons itself is in need of some innovation if it truly hopes to accomplish its goal: sharing useful environmental technologies for &quot;the greater good.&quot;<br />
<br />
The problem is that the project includes only &quot;patents&quot; and not the undisclosed innovations and trade secrets within the intellectual property of companies and independent inventors that have not yet been patented. Many of those inventions might better be published now to promote the progress of science and the useful arts for a sustainable environment and ecology for the future.<br />
<br />
<blockquote>To compensate for these drawbacks and make the Eco-Patent Commons as useful and powerful as it can be, the initiative requires expansion to offer truly recent inventions that have not spent years in the patent application process. This involves widening the scope of the initiative to include non-patented inventions that have yet to be marketed and made public.<br />
<br />
One way to make these inventions available is through enabled invention disclosures. An enabled invention disclosure (also called &ldquo;defensive publication&rdquo; or &ldquo;technical bulletin&rdquo;) is a written description of an invention that ideally has the same degree of detail as an issued patent. Therefore a well-written invention disclosure provides sufficient information to the reader to understand and use the invention.<br />
<br />
Many companies successfully use enabled invention disclosures as part of their intellectual property (IP) strategies. Companies frequently have inventions that they do not wish to patent because the patent process is so expensive, including invention development costs, legal preparation and patent prosecution fees. However, companies also wish to prevent competitors from patenting those same inventions.<br />
<br />
By using enabled invention disclosures to publish the invention, companies accomplish both goals: they save the cost of patenting but they also establish a &ldquo;prior art bar&rdquo; to obtaining the patent and make it impossible for competitors to claim it the invention as their own. Several Web site forums exist for publishing inventions, including www.ip.com and www.researchdisclosure.com.<br />
<br />
The Eco-Patent Commons should be expanded to include these enabled invention disclosures. Many inventions that companies deem non-strategic for patent application and instead decide to publish may be excellent candidates to be donated to the Eco-Patent Commons. These published inventions would be truly new, fresh and useful -- a good first step to creating the true springboard for green innovation that the Eco-Patent Commons was meant to be. <br />
</blockquote>We couldn't agree more. <br />
<br />
<a href="http://www.securinginnovation.com/2008/02/articles/innovation-management/ecopatent-commons-meets-open-innovation/">As indicated in our original post  about the Eco-Patent Commons</a>, IP.com would really like to contribute to this very worthwhile initiative by providing the publishing platform to broaden the scope of the project to include innovations and inventions useful to the environmental movement well beyond those patents that have been contributed by the project's founding companies, some of which are already using the <a href="http://www.priorartdatabase.com">IP.com Prior Art Database</a>. We've got technologies available that could very quickly take this green initiative to a whole new level of global participation. <br />
<br />
Let's discuss.]]></description>
<link>http://www.securinginnovation.com/2008/04/articles/defensive-publishing/ecopatent-commons-technical-disclosures/</link>
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<category>Defensive Publishing</category><category>Eco-Patent Commons</category><category>GreenTech</category><category>IP.com, Inc.</category><category>Innovation Management</category><category>Patents</category><category>Prior Art Database</category><category>Trade Secrets</category>
<pubDate>Mon, 21 Apr 2008 03:10:11 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Eco-Patent Commons Meets Open Innovation</title>
<description><![CDATA[The Eco-Patent Commons is an initiative to create a collection of patents that directly or indirectly protect the environment. The patents will be pledged by companies and other intellectual property rights holders and made available to anyone, free of charge. The Commons is a resource for connecting those who have had success with a particular challenge in a way that benefits the environment and those who are facing similar challenges.<br />
<br />
<blockquote>With the launch of the Eco-Patent Commons earlier this week, four companies -- IBM, Nokia, Pitney-Bowes and Sony -- joined with the World Business Council on Sustainable Development to do something almost unprecedented: they agreed to relinquish their control over inventions that could benefit the planet in order to spur innovation for the greater good.<br />
</blockquote><br />
Thus begins the transcript of <a href="http://www.greenbiz.com/news/reviews_third.cfm?NewsID=36540">a very interesting podcast interview</a> with IBM's Vice President of Environmental Affairs, Wayne Balta, on GreenBiz Radio.<br />
<blockquote>Wayne Balta: The Eco-Patent Commons is a first of its kind initiative under which we at IBM and some other like-minded companies are partnering with the World Business Council for Sustainable Development to create a place where patents related to the environment can be pledged by the patent holder so that others around the world can access them and use them free of charge.<br />
<br />
The basic premise here is that in the environmental arena, sharing knowledge and technology has the great potential to better address the world's problems. That there exists no organized way today to do this on a global basis. That leading businesses may hold patents that are not an essential source of business income to them. And that by sharing them with others on a global basis, both developed and developing countries, it can help people develop in a more sustainable way. And for those who pledge the patents it might also need to lead to new opportunities for innovation and collaboration with others, whom you might not otherwise reach.<br />
</blockquote><blockquote>...you know, pledging patents for free use by others is not necessarily a common way companies think about their portfolio of intellectual property and we at IBM recognize that. Now, we at IBM probably have as much or more experience as anyone with this because we have also done prior patent pledges. So we recognize that as we've spoken to others about the idea that it isn't something that you're innately thinking of doing. But as people think through the best use of some of this IP and the opportunities that could come out of a commons like the one we're creating, many have realized and others I believe will realize that it can be a win-win situation.<br />
<br />
It can be a win for innovators in other parts of the world, who might look at these ideas and further them and use them as the basis of additional solutions. And it can be a win for those who pledge because it could open up opportunities to collaborate with people that you might not otherwise have collaborated with.<br />
<br />

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</blockquote>In a <a href="http://www.wbcsd.org/plugins/DocSearch/details.asp?type=DocDet&amp;ObjectId=Mjc5OTk">joint press release</a>, other member companies of the Eco-Patent Commons today issued the following statements:<br />
<br />
<blockquote>Donal O&rsquo;Connell, Director of Intellectual Property, Nokia, said, &ldquo;Environmental issues have great potential to help us discover the next wave of innovation because they force us all to think differently about how we make, consume and recycle products. From Nokia we have pledged a patent designed to help companies safely re-use old mobile phones by transforming them into new products like digital cameras, data monitoring devices or other electronic items. Recycling the computing power of mobile phones in this way could significantly increase the reuse of materials in the electronics industry.&rdquo;<br />
<br />
<br />
Angelo Chaclas, Vice President &amp; Deputy General Counsel, Intellectual Property and Technology Law at Pitney Bowes, said, &ldquo;The Eco-Patent Commons offers an effective framework to develop and make available technology that helps combat climate change and reduce the release of carbon dioxide. Our objective for the Eco-Patent Commons is to promote the spread of environmentally conscious technologies that make conservation and preservation a priority.&rdquo;<br />
<br />
<br />
Hidemi Tomita, General Manager of Sony Corporation&rsquo;s Corporate Social Responsibility Department, said, &ldquo;To more effectively protect the environment, it is time for business to join efforts rather than tackling the issue alone. We truly believe this joint effort with our peers will mark a significant step and help transfer innovative ideas and technologies across industries and beyond to developing countries. We are excited to launch this platform to share technologies that will bring about positive changes in the environment.&rdquo;<br />
</blockquote> <br />
These ideas are exemplary of a new wave of thinking described in a recent blog post on <a href="http://www.openinnovators.net/open-innovation-gaining-momentum/">Open Innovators</a>. &quot;Companies need to get a lot better at bringing external ideas and knowledge in from the outside, while at the same time allowing internal ideas not being used to flow outside the organization.&quot;<br />
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The World Business Council for Sustainable Development (<a href="http://www.wbcsd.org/">WBCSD</a>) is a CEO-led, global association of some 200 companies dealing exclusively with business and sustainable development. The Council provides a platform for companies to explore sustainable development, share knowledge, experiences and best practices, and to advocate business positions on these issues in a variety of forums, working with governments, non-governmental and intergovernmental organizations. Members are drawn from more than 35 countries and 20 major industrial sectors.<br />
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<a href="http://www.wbcsd.org/templates/TemplateWBCSD5/layout.asp?type=p&amp;MenuId=MTU2Mg&amp;doOpen=1&amp;ClickMenu=LeftMenu">Get the FAQs</a> and download the Brochure of the Eco-Patent Commons in pdf <a href="http://www.wbcsd.org/DocRoot/4tF7aXkIt0vZODBJobYY/Eco-Patent%20Commons%20Brochure_011008.pdf">here</a>.<br />
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At <a href="http://www.ip.com/about/">IP.com Inc.</a>, we'd like to get involved in support of the Eco-Patent Commons project to expand this initiative to include the sharing of innovative ideas and technologies that directly or indirectly protect the environment, which have not yet been patented but are otherwise in the prior art and knowledge of the member corporations, the scientific community, and academia. <br />
<br />
IP.com's <a href="http://www.priorartdatabase.com/">Prior Art Database</a> technology could be made readily available, free of charge, as a customized repository of&nbsp; global innovation in support of the Eco-Patents Commons. How amazing would that be?<br />]]></description>
<link>http://www.securinginnovation.com/2008/02/articles/innovation-management/ecopatent-commons-meets-open-innovation/</link>
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<category>Eco-Patent Commons</category><category>IBM</category><category>IP.com, Inc.</category><category>Innovation Management</category><category>Nokia</category><category>Open Innovation</category><category>Pitney-Bowes</category><category>Prior Art Database</category><category>Sony</category><category>World Business Council for Sustainable Development</category>
<pubDate>Wed, 13 Feb 2008 13:19:32 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Corporate Blog Council</title>
<description><![CDATA[We've been following with some interest the inception of the <a href="http://www.blogcouncil.org/">Blog Council</a>, &quot;a community for official corporate blogs and bloggers that represent major global corporations&quot; that was recently formed by some very large corporations, including AccuQuote, Cisco, The Coca-Cola Company, Dell, Gemstar-TV Guide, General Motors, Kaiser Permanente, Microsoft, Nokia, SAP, Starwood Hotels and Resorts, and Wells Fargo.<br />
<br />
Conspicuously absent from that blog cabal are <a href="http://blogs.sun.com/">Sun</a> and <a href="http://www.ibm.com/blogs/zz/en/">IBM</a>, each with thousands of&nbsp; employees who blog, and strong corporate commitments to blogging evident from notes on their respective company websites <a href="http://www.sun.com/aboutsun/media/blogs/policy.html">here</a>:<br />
<blockquote>Many of us at Sun are doing work that could change the world. We need to do a better job of telling the world. As of now, you are encouraged to tell the world about your work, without asking permission first (but please do read and follow the advice in this note). Blogging is a good way to do this.</blockquote> and <a href="http://www.ibm.com/blogs/zz/en/">here</a>:<blockquote> As they'll tell you themselves, the opinions and interests expressed on IBMers' blogs are their own and don't necessarily represent this company's positions, strategies or views. But that doesn't mean we don't want you to read them! Because they do represent lots of business and technology expertise you can't get from anyone else.</blockquote>IBMer <a href="http://www.mikemoran.com/aboutmike/index.htm">Mike Moran</a> adds <a href="http://www.mikemoran.com/biznology/archives/2007/12/is_corporate_bl.html">on his Biznology Blog</a>:<br />
<blockquote>Many other companies use blogs to connect better with their customers through blogs. Blogs that are written by living breathing employees, not the PR department.<br />
</blockquote>Our new corporate blog, Securing Innovation, was conceived by us as a group blog, with posts by all our employees who want to write articles and blog about their work for the company. As well, some of our executives have their own personal blogs about their special interests and expertise. Tom Petrocelli,&nbsp; our Senior Vice President for Enterprise Software, has his own blog, <a href="http://technologytake.blogspot.com/">Tom's Technology Take</a>, where he shares his thoughts about a wide range of technology issues beyond those he writes about here on the company blog.<br />
<br />
IP.com is not a large corporation with hundreds and thousands of employees, but more than a few great ones, and we count among <a href="http://www.ip.com/about/clients.jsp">our clients</a> many of these large companies that are developing best practices in corporate blogging. Like them, we're pretty much learning as we blog, and hoping to get better with experience in this engaging new medium for corporate communications.]]></description>
<link>http://www.securinginnovation.com/2008/01/articles/ipcom-inc/corporate-blog-council/</link>
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<category>Blogging</category><category>Blogs</category><category>IP.com, Inc.</category>
<pubDate>Sat, 12 Jan 2008 23:39:19 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Blawg Review of the Year Nominations</title>
<description><![CDATA[We're pleased that our blog is on the roster of future hosts of <a href="http://blawgreview.blogspot.com">Blawg Review</a>, even if we have to wait until next September 29th to host that presentation with a theme for our corporate blog on managing intellectual property, patents, trademarks and trade secrets. Before our turn, patent attorney Stephen Nipper will be hosting Blawg Review on <a href="http://inventblog.com/">The Invent Blog</a> on February 11th, which is National Inventors' Day in the USA in honor of Edison's birthday. It seems you have to be on top of your blogging game to get the best dates to host Blawg Review. Anyway, we're just thankful to be included in such good company and we'll do our best to put together an interesting presentation of&nbsp; Blawg Review on September 29, 2008, which is Inventors' Day in Argentina in recognition of the birthday of the inventor of the ballpoint pen, <a href="http://en.wikipedia.org/wiki/Laszlo_Biro">L&aacute;szl&oacute; B&iacute;r&oacute;</a>.<br />
<br />
Even though we have to wait the full gestation period of a human for our due date to arrive, we are pleased to learn that being scheduled to host an upcoming issue of Blawg Review gives us an opportunity now to participate in the nomination of some of the previous presentations for <a href="http://blawgreview.blogspot.com/2007/12/not-another-blawg-award.html">Blawg Review of the Year 2007</a>. <br />
<br />
For our part, we'd like to nominate <a href="http://infamyorpraise.blogspot.com/2007/12/blawg-review-137.html">#137</a> by Colin Samuels at Infamy or Praise, <a href="http://www.cyberlawcentral.com/2007/01/29/blawg-review-93/">#93</a> by Kevin Thompson at Cyberlaw Central,&nbsp; <a href="http://www.declarationsandexclusions.com/2007/04/blawg_review_10.html">#102</a> by George Wallace at Declarations and Exclusions, <a href="http://blog.bretttrout.com/2007/04/blawg-review-106.html">#106</a> by Brett Trout at Blawg IT, and <a href="http://www.newyorkpersonalinjuryattorneyblog.com/2007/11/blawg-review-134.html">#134</a> by Eric Turkewitz at the New York Personal Injury Law Blog, who have all set very high standards for innovative presentations of Blawg Review to follow. That said, we're really looking forward to the challenge of hosting <a href="http://www.blawgreview.com">Blawg Review</a>.]]></description>
<link>http://www.securinginnovation.com/2007/12/articles/blawg-review-of-the-year-nominations/</link>
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<category>Articles</category><category>Blawg Review of the Year Nominations</category><category>Blogging</category><category>Blogs</category>
<pubDate>Mon, 31 Dec 2007 03:40:46 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Protecting Innovations From Patents</title>
<description><![CDATA[How do you prevent competitors from obtaining patents that could block you from using your own innovative ideas in your products and services? This critical question faces managers of innovation and intellectual property throughout the global economy, which is increasingly embroiled in a hotly contested patent race.<br />
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Issued patents can be deadly. Enterprises of all stripes face burgeoning risks that competitors will obtain blocking patents. Even strong manufacturers with worldwide distribution, well-branded products and adoring customers can be stopped dead in their tracks by broad competitive patents.<br />
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Just how deadly are competitive patents? Consider this, if your competitor is granted a patent broad enough to prevent you from making or selling products and services, you may be forced to litigate. Average legal fees to defend a patent case are over $1.5 million regardless of the outcome. Verdicts and judgments in patent cases can easily exceed eight figures. Even greater costs can be incurred in attempting to design around competitive patents after product launch, or being shut down by a preliminary or permanent injunction.<br />
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There are myriad methods for protecting innovation and intellectual property. One answer is to join the patent race. But be prepared to spend. Average legal fees to file one patent application in the U.S. are in the range of $12,000-$15,000. Multiply that by three or four to file applications in key locations throughout the world. Then add over $100,000 to maintain each patent in those locations throughout its life. All that cost for one invention. The problem grows when you consider that for most companies, the number of inventive ideas exceeds the number of budgeted patent applications by at least ten times.<br />
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To compound the &quot;cost of getting a patent&quot; problem, consider the recent Supreme Court ruling (KSR Int. v. Teleflex, Inc.) relating to an overwhelmingly important concept called &quot;obviousness.&quot; This verdict has essentially made it harder to get patents and harder to enforce already issued patents. This means patent acquisition cost has gone up and patent value has gone down. In most cases, it is simply not cost effective to go through the patent process.<br />
<br />
What are the alternatives to patenting?<br />
<br />
If created and protected correctly, trade secrets can have real value. But, beware. In today's environment, protecting trade secrets is often unrealistic. Increased competition has driven more aggressive pursuit of information by competitors with access to previously inaccessible data sources and previously unheard of data mining tools. That, coupled with increased employee mobility and ease of communication has made it virtually impossible to keep secrets. Companies may not appreciate the risks associated with the use of trade secrets until after they see their ideas claimed in competitive patents.<br />
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How can defensive publishing be incorporated into an IP strategy?<br />
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With patenting on the rise, patent offices have become overburdened. This has resulted in patents for technology that has already been in the public domain, sometimes for years. Why? Because patent examiners have very limited time and resources to search prior art. As a result, many references that examiners could use to reject patent applications are never found.<br />
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The first reaction some have when considering these issues is to defensively publish everything. However, defensive publications can be a double-edged sword. If placed in the right prior art database, they can be powerful weapons for destroying competitive patents. But, they can also be powerful weapons for destroying your own patents. So, to get started it's a good idea to properly disclose innovation that has already been placed in the public domain, but isn't in a location readily or easily utilized by patent examiners.]]><![CDATA[Product Descriptions<br />
<br />
Product descriptions could be a great source for prior art to support final rejections of overly broad competitive patent applications. Again, the problem for examiners is finding them. Examiners only have a few hours to do a full prior art search for each patent application. When considering the enormity of prior art sources, a few hours is nothing.<br />
<br />
To make an effective public disclosure of technology, it comes down to a question of reasonable access. Ideally, all product descriptions should be placed in a location searched by worldwide patent examiners. Since these are in the public domain anyway, publication of product descriptions does not need to be delayed by an IP review process.<br />
<br />
Conference Publications and Journal Articles<br />
<br />
All papers submitted at conferences and journal articles place information -- often innovative information -- into the public domain. The questions become, &quot;What's the likelihood that a conference is attended by patent examiners? Will the journal articles be placed in a location easily searched by patent examiners?&quot; The answer is &quot;No&quot; to both.<br />
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Patent examiners are simply not able to keep pace with the patent race. They cannot be everywhere or even search everywhere. Many IP savvy companies make it a practice to concurrently publish all conference proceedings in a location searched by patent examiners.<br />
<br />
What about disclosures that are not already in the public domain?<br />
<br />
In cases, like those mentioned above, where the public disclosure has already been made, for better or worse, no further decision is necessary. You can simply publish without fear of burning your patent rights, because either (a) you have already filed, or (b) your rights are already burned. But what about cases where there has been no previous public disclosure of the invention? This is where a process comes in -- a publication clearance process.<br />
<br />
Publication Clearance System: Publication Clearance is becoming more and more popular as more and more brilliant inventions are forever lost to the public domain. There has always been a conflict between IP groups and their need for secrecy to protect patent rights, the innovators of a company or university and their desire for public recognition, and marketing communications groups, charged with generating public exposure. This conflict can be overcome by a simple publication clearance system (typically implemented through workflow) that touches the key decision makers for their input before a disclosure is published.<br />
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Invention Review Committee (IRC): IRCs have been around either formally or informally for years and years. But typically the decisions at these committees are limited to whether or not to file a patent application. Since most invention disclosures do not end up as patents (often for budget reasons), most inventions live lives of quiet desperation; they never become anything to anyone. These inventions often consist of incremental improvements of core inventions, or new uses. They are not worthy of patenting, and since patenting is the only question before the committee, these rejected disclosures can never be put to work.<br />
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IRCs also need to ask this critical question: &quot;Should we publish?&quot; A defensive publication can be used as a weapon. No longer will those castaway disclosures live out eternity in the dark confines of a desk drawer or as anonymous bytes in a hard drive. With the right questions being asked during an IRC meeting, they can be used to prevent or defeat competitive patents throughout the world.<br />
<br />
<em>This article was previously published in IndustryWeek magazine.</em>]]></description>
<link>http://www.securinginnovation.com/2007/12/articles/defensive-publishing/protecting-innovations-from-patents/</link>
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<category>Defensive Publishing</category><category>Innovation Management</category><category>Patents</category><category>Prior Art Database</category>
<pubDate>Tue, 18 Dec 2007 14:23:16 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Jorn Barger&apos;s Tips For New Bloggers</title>
<description><![CDATA[Ten years ago today, on December 17, 1997, Jorn Barger coined the word &quot;weblog&quot; to describe the daily list of links that &quot;logged&quot; his travels across the web. Having learned a lot about blogging over the past decade, he now shares his <a href="http://www.wired.com/culture/lifestyle/news/2007/12/blog_advice">top 10 tips</a> for novice bloggers in an article published in Wired Magazine.<br />
<br />
A couple of his pointers make sense to me, now that we're blogging.<br />
<blockquote>1. A true weblog is a log of all the URLs you want to save or share.<br />
</blockquote>That's what we do here on Securing Innovation in a special section called Quick Links in the sidebar to the left of our posts. Now that we're up and running with our corporate blog, I see how important this feature is, and how right Kevin O'Keefe of <a href="http://www.lexblog.com">LexBlog</a> was when he advised us that we'd probably appreciate the Quick Links on our corporate blog even more than our own posts here. <br />
<br />
Quick Links is where we share with our readers all the interesting stuff we discover surfing the web each day. And that's what Barger is getting at when he says his &quot;intent for weblogs in 1997 was to make the web as a whole more transparent, via a sort of &quot;mesh network,&quot; where each weblog amplifies just those signals (or links) its author likes best.&quot;<br />
<br />
The other point Barger makes that really struck home with me is this:<br />
<blockquote>&nbsp;4. Being truly yourself is always hipper than suppressing a link just because it's not trendy enough. Your readers need to get to know you.<br />
</blockquote>When we started this corporate blog, it wasn't really clear to me how much of my personal life I would share with clients and customers of IP.com Inc. beyond the <a href="http://www.securinginnovation.com/thomas-j-colson.html">business bio</a> that outlines my professional background. As much as that corporate blurb tells readers <em>what I do</em>, as CEO, there's not a great deal in there <em>about who I am</em>, Tom Colson. It's not easy to talk personally on a website, but I'm learning that blogging is more like having a conversation with readers than writing articles in business journals. So, I'll begin this blog conversation as I would with new friends, by introducing you to <a href="http://www.agirlnamedpants.com/author.asp">the girls in my life and a girl named Pants</a>.]]></description>
<link>http://www.securinginnovation.com/2007/12/articles/ipcom-inc/jorn-bargers-tips-for-new-bloggers/</link>
<guid isPermaLink="false">http://www.securinginnovation.com/2007/12/articles/ipcom-inc/jorn-bargers-tips-for-new-bloggers/</guid>
<category>IP.com, Inc.</category>
<pubDate>Mon, 17 Dec 2007 19:08:15 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Why We Believe In Business Blogs</title>
<description><![CDATA[Bill Manning, the founder and chairman of IP.com is very tech-savvy and, not surprisingly, a big believer in the power of technology and the Internet. And we, like him, are keenly interested in how business blogs are changing the way corporate executives communicate with their clients, customers, and other stakeholders. <br />
<br />
Take, for example, all the <a href="http://blogs.sun.com/">people who blog at Sun Microsystems</a>, including CEO <a href="http://blogs.sun.com/jonathan/">Jonathan Schwartz</a>, who has <em>his own blog.</em> We think <a href="http://www.sun.com/aboutsun/media/blogs/policy.html">they've got it right</a>.<br />
<blockquote>Many of us at Sun are doing work that could change the world. We need to do a better job of telling the world. As of now, you are encouraged to tell the world about your work, without asking permission first (but please do read and follow the advice in this note). Blogging is a good way to do this. <br />
<br />
<br />
Advice By speaking directly to the world, without benefit of management approval, we are accepting higher risks in the interest of higher rewards. We don't want to micro-manage, but here is some advice. <br />
<br />
It's a Two-Way Street The real goal isn't to get everyone at Sun blogging, it's to become part of the industry conversation. So, whether or not you're going to write, and especially if you are, look around and do some reading, so you learn where the conversation is and what people are saying. <br />
<br />
If you start writing, remember the Web is all about links; when you see something interesting and relevant, link to it; you'll be doing your readers a service, and you'll also generate links back to you; a win-win.<br />
</blockquote>    What we're doing at <a href="http://www.ip.com">IP.com</a> might not change the world (or maybe it will) and we certainly don't position our company at the center of the universe, but it's probably not an exaggeration to say we're changing the world of intellectual property. <br />
<br />
In our little corner of the online world, there's a lot happening with patents, trademarks, and trade secrets, and a lot of relevant stuff is being said on interesting blogs by people who really know what they're talking about. So we're joining the conversation, and blogging about how innovation is managed by corporations with a vested interest in their Intellectual Property.<br />
<br />
Find the conversation. Join it. Contribute to it. &quot;Conversing is how we learn. It's how we network. It's how we grow as professionals,&quot; says <a href="http://kevin.lexblog.com/2007/11/articles/blog-basics/find-the-conversation-join-it-contribute-to-it/">Kevin O'Keefe</a>, CEO of <a href="http://www.lexblog.com">LexBlog</a>, whose team of experts guided us in the development of our corporate blog, &quot;Blogging is a conversation. Not only do you learn and grow your reputation by joining in, you will not be conspicuous by your absence.&quot;<br />
<br />
Blog well, and <a href="http://www.whisperbrand.com/blog/2007/11/owning-the-conversation-with-an-assist-from-social-media/">own the conversation.</a><br />
<br />
If you're interested in learning more about IP.com, Inc. and why we blog, you may want to read our <a href="http://www.securinginnovation.com/2007/10/articles/ipcom-inc-1/what-is-ipcom-and-why-read-our-blog/">first post here</a>.<br />]]></description>
<link>http://www.securinginnovation.com/2007/12/articles/ipcom-inc/why-we-believe-in-business-blogs/</link>
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<category>Blogging</category><category>Blogs</category><category>IP.com, Inc.</category>
<pubDate>Fri, 07 Dec 2007 12:19:34 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Established &amp; Emerging IP Business Models</title>
<description><![CDATA[<a href="http://271patent.blogspot.com/2007/11/new-era-of-ip-looking-at-emerging.html">Peter Zura's 271 Patent Blog has an interesting post here</a> describing a number of established IP businesses and new business models that have emerged in recent years to provide a broad range of specialized services and products to protect valuable intellectual property. <br />
<br />
&quot;It has become increasingly clear over the last couple of years that the &quot;old economy&quot; model for monetizing and managing IP assets has matured into a more robust model. Since the early 90's, only a select group of large patent holders controlled the majority of IP rights, leaving smaller players with little recourse in establishing and protecting innovative IP rights,&quot; Zura says.  In his post, patent attorney Peter Zura points to a White Paper, A Summary of Established &amp; Emerging Business Models in IP, presented by Raymond Millien and Ron Laurie at the Eighth Annual Sedona Conference on Patent Litigation. In that report, the authors list:
<ul>
    <li> Patent Licensing and Enforcement Companies, </li>
    <li> Institutional Patent Aggregators/IP Acquisition Funds, </li>
    <li> IP/Technology Development Companies, </li>
    <li> Licensing Agents, </li>
    <li> Litigation Finance/Investment Firms, </li>
    <li> Patent Brokers, </li>
    <li> IP-Based M&amp;A Advisory, </li>
    <li> IP Auction Houses, </li>
    <li> On-Line IP/Technology Exchanges/Clearinghouses, </li>
    <li> IP-Backed Financiers, </li>
    <li> Royalty Stream Securitization Firms, and</li>
    <li> Patent Rating Software and Services.</li>
</ul>
To that extensive list we'd add our own favorite categoy:<br />
<ul>
    <li><a href="http://www.ip.com/about/"> Innovation Management Technologies</a></li>
</ul>
As the authors conclude, these established and emerging business models in IP appear to be here to stay.<br />
<blockquote> In fact, new players implementing the IP business models described herein will come into existence. And, new IP business models will also come into existence. Why? Quite simply, the business of IP (i.e., IP marketplace) itself is not immune to innovation!<br />
</blockquote>To <a href="http://trolltracker.googlepages.com/Established2007.pdf">read/download the pdf </a>(&quot;A Summary of Established &amp; Emerging IP Business Models&quot;), click here (courtesy of <a href="http://trolltracker.blogspot.com/2007/11/established-and-emerging-ip-business.html">Patent Troll Tracker</a>)]]></description>
<link>http://www.securinginnovation.com/2007/11/articles/patents/established-emerging-ip-business-models/</link>
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<category>Innovation Management</category><category>Patents</category>
<pubDate>Wed, 14 Nov 2007 02:02:36 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>China: Defensive Publishing could be just what Chinese companies need</title>
<description><![CDATA[It appears that China is facing a huge obstacle on matters of intellectual property, namely patents. More specifically, China is way behind in the patent race; not only worldwide, but even at home. If you just looked at a snapshot today, it&rsquo;s hard to see why. Consider this:<br />
<br />
<ul>
    <li>China has the largest population in the world.</li>
    <li>The Chinese educational system is heavily oriented toward science-based technical training.</li>
    <li>China graduates in excess of three times more engineers - electrical, industrial, bio-chemical, semiconductor, mechanical, even power generation - with bachelor's degrees than the U.S. university system.</li>
    <li>China consistently has graduated more engineers than the U.S., Japan, and Germany combined every year since 1997</li>
    <li>In terms of the size of their economy, China is on pace to overtake Germany in the next four years, Japan by 2015 and the U.S. by 2039</li>
</ul>
<br />
Yet, while the rate of patenting is increasing in China, on a worldwide bases, China is still way, way behind the US, Japan, Germany, France, the UK, South Korea, Italy, and Canada. China is actually patenting at an annual rate of less than 5% of the US. In fact, many individual Japanese and US companies themselves patent more than the entire nation of China on an annual basis. Worse yet, many of the above mentioned countries are exceeding Chinese patents in their own backyard; the Chinese Patent Office. <br />]]><![CDATA[This is a seemingly impossible position for China. Every day China gets farther and farther behind in the patent race, and deeper and deeper into the hole of being a labor based nation rather than an intellectual property based nation. <br />
<br />
However if history holds true, and China follows the teachings of its great strategy masters, China will find a path of low resistance whereby it can negate those patent positions.<br />
<br />
For starters, China may turn the idea of what a patent is around and show that the patent is a tool for use by the weak, not the strong. For companies in more fully developed nations, patents are a necessary part of their IP strategy since their cost of invention is so high. The company that invests millions of dollars to create an inventive product must generate millions of dollars in sales just to break-even. If that inventive product is easy to copy, patents might be the only way to keep copiers out; copiers that of course did not have to invest millions in R&amp;D to produce the inventive products. A copier is at break-even from the beginning. So, in a world without patents, who would prevail? The companies or countries with the greatest capabilities to conduct R&amp;D and ultimately build products inexpensively. Companies or countries that wouldn&rsquo;t be as financially devastated by copy-cats. Since China has low labor costs coupled with a highly educated labor pool, its companies c an invent and build more cost efficiently than companies from almost any other nation. The only thing keeping them from doing that is patents. This means that it is in China&rsquo;s best interest not to compete in the patent race, but to stop the patent race.<br />
<br />
China can do this with defensive publications. With an army of engineers graduating from its universities at home and abroad, China has the means to disrupt the patent fortresses of patent savvy companies. Its engineers can develop and defensively publish innovation for a small fraction of the cost of patenting and stop the patent race dead in its tracks&hellip;or at least slow it down a little.]]></description>
<link>http://www.securinginnovation.com/2007/10/articles/defensive-publishing/china-defensive-publishing-could-be-just-what-chinese-companies-need/</link>
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<category>China</category><category>Defensive Publishing</category><category>Innovation Management</category><category>Patents</category><category>Prior Art Database</category>
<pubDate>Mon, 08 Oct 2007 02:52:03 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Searching For Answers In BlackBerry Patent</title>
<description><![CDATA[Because of the now famous &ldquo;BlackBerry&rdquo; patent dispute, the world is beginning to look at patent and prior art searching with a whole new set of eyes. What was once considered a checklist item in patent prosecution and a reactionary item in patent litigation is now being considered an important part of the product development and innovation process. And the really powerful thing about the Blackberry dispute is that it involves three of the top types of patent and prior art searching: patentability (often called preliminary novelty), invalidity (often used in connection with defense of a patent case), and product clearance.<br />
<br />
It has been said that if subjected to the strict scrutiny of patent litigation, 50% of all issued US patents would be invalidated. That statistic might be high (and it might be low). But let&rsquo;s say it&rsquo;s high. Let&rsquo;s say that the real statistic is 45% or 40% or even 35%. In each case, that number is way too high. It&rsquo;s unreasonable that a business should have to buy an asset&hellip;a US patent, and only have 50% certainty that they can actually enforce their ownership rights. It&rsquo;s hard to make business decisions when there is only a 50% chance that your patent is valid &hellip;especially when the patent(s) is a critical factor in the business decision. For example, should a venture capitalist invest in a start up that has no revenue, but a large patent portfolio? Should a company consider the value of an acquisition target&rsquo;s patent portfolio when determining a purchase price? Even if there is only a 50% chance that the patents will be enforceable?<br />
<br />
In the BlackBerry case, several of the patents NTP asserted against RIM have been invalidated. Wow! Think about that. NTP invested a lot of money to get the patents in the first place. They received a certificate from the PTO saying that they have a valid patent. Then, after investing even more money to enforce the patents, the patents were deemed invalid because of prior art. Clearly, there are no guarantees. And because of the fact that getting a patent provides no guarantees, a greater emphasis on the patentability search might be warranted<br />]]><![CDATA[Typically, companies either don&rsquo;t do a patentability search, or spend no more than $1,000 on their patentability search. If you consider the cost of the patent to be $12,000 to $15,000, then the $1,000 investment seems reasonable. But, if you consider the costs associated with relying upon a patent that is unenforceable, which can be much, much higher than the costs of merely obtaining a patent, then the $1,000 patentability search might not be enough. It might be worthwhile for companies to invest more upfront in the patentability determination. Especially since patent examiners often don&rsquo;t have more than a few hours to conduct their patentability search (patent examiners are extremely busy).<br />
<br />
Another prior art search that is relevant to the BlackBerry case is the invalidity search. Obviously, RIM has done some pretty effective invalidity searching. But, even with their success, they have not succeeded in invalidating ALL of the NTP patents in the US case. Ultimately, it only takes one. One valid patent can bring a business to its knees.<br />
<br />
The third prior art search that is relevant to this dispute is the product clearance search. Essentially, a product clearance search is a search to determine whether there are any patents that would be infringed if a new product or service is made, used, or sold. Ideally, a product clearance search is completed in connection with the new product development process. In this way, if problematic patents are discovered, informed decisions can be made. You may choose to invest resources in doing a design-around. You may choose to go in a different direction all together. Or, you may choose to get a license and avoid the risk of litigation all together. But, at least by performing a product clearance search early in the process product development process, all options are open. Once you get too far down the road, investing in research, product development, marketing, business development, it gets more difficult to make good decisions when that problematic patent is discovered.]]></description>
<link>http://www.securinginnovation.com/2007/10/articles/prior-art-database/searching-for-answers-in-blackberry-patent/</link>
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<category>Patents</category><category>Prior Art Database</category>
<pubDate>Fri, 05 Oct 2007 09:40:41 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>Can your e-records be authenticated if need be during litigation?</title>
<description><![CDATA[The discovery that Hwang Woo-suk falsified research data shocked the science world and disgraced his native South Korea. It is alleged that he forged DNA tests to support his claim that he cloned stem cells. How could this happen?<br />
<br />
Well&hellip;easily. To some degree, this sort of thing probably happens all the time. At least some of the records he falsified were images. These days, images are typically stored in an electronic format. Moreover, most documents are stored electronically as well; invention disclosures, lab notebook records and clinical trial data just to name a few. More and more evidentiary material is kept electronically and less and less is kept on paper. And you know what that means. Easy to alter. Easy to fraudulently alter.<br />
<br />
The rate of incidents regarding falsification of research data, financial data, and all kinds of other records seems to be growing. Or maybe it&rsquo;s just the discovery of the fraud that is growing. But whichever it is, the press around these incidents is ramping up the concerns we all have about the authenticity of electronic records. Lawyers, juries, and courts are all becoming savvier to this opportunity for fraud. Documents submitted as evidence are being more aggressively cross examined as to their authenticity.]]><![CDATA[<br />
In almost any scenario where an electronic record is needed as proof at trial, if counsel asks the question, &quot;Could you have altered the record to support your case,&quot; the answer would typically be, &quot;Yes.&quot; It&rsquo;s not that you did alter the records, but you could have. And juries (whose verdicts are often based upon emotion) love conspiracies. So do judges. We all do. Even if the judge allows the electronic record into trial, a good cross examination about what a witness could have done to alter the record can stir up the jury enough to all but reject the electronic evidence in their deliberations&hellip; especially if they believe there is a conspiracy underfoot.<br />
<br />
If they believe that the critical disclosure was concocted after the fact to build a defense. If they believe that they witness had motive and opportunity to falsify the critical piece of evidence needed to stave off a multi-million dollar verdict against his or her employer. Especially since they only had to change one date. Not even the whole date, just the year. The difference between a disclosure dated 2003 versus one dated 2004 could be the difference between an adverse verdict worth millions and an outright dismissal of the case.<br />
<br />
The good news is&hellip;being able to prove, unequivocally, that evidentiary records have not been altered can be inexpensive and can require almost no end-user behavioral change. Rather than building in yet another document management system, IP.com&rsquo;s legal safeguarding agent can turn your current document management system into a veritable authentication insurance system. E-records are kept safely onsite (as you have always kept them), and notarization records are kept with a third party. It&rsquo;s fast, easy, cost effective, and secure.<br />
<br />
Will your electronic records help you or hurt if needed during an adversarial proceeding?]]></description>
<link>http://www.securinginnovation.com/2007/10/articles/legal-safeguarding-agent/can-your-erecords-be-authenticated-if-need-be-during-litigation/</link>
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<category>Legal Safeguarding Agent</category>
<pubDate>Thu, 04 Oct 2007 10:49:15 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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<title>What Is IP.com, and why read our blog?</title>
<description><![CDATA[IP.com, Inc. is a global leader in providing strategic and reliable intellectual property solutions. <a href="http://www.ip.com/about/clients.jsp">Some of the world's largest and most innovative companies</a> trust IP.com for their enterprise-wide intellectual property asset management, defensive publishing, and patent search services.<br />
<br />
The company was founded to fill a growing void in the tools available to the intellectual property community. Our initial product, the IP.com <a href="http://www.ip.com/prior-art-database/">Prior Art Database</a>, was created to provide companies with a fast and effective, centralized outlet for publishing and searching technical disclosures. Since its inception, the IP.com Prior Art Database has continued to grow, attracting high profile clients such as IBM, General Electric, Motorola, Abbott Laboratories, and Eastman Kodak (to name a few).<br />
<br />
In our process of developing the Intellectual Property Prior Art Database, we have built a rock-solid, easy-to-use, legally-defensible method for providing verifiable date-stamps and ensuring the integrity (proving they haven't been altered) of electronic files. This technology has become the cornerstone of IP.com's service offerings. We have extended our product line to allow corporations to utilize our innovative file protection (safeguarding) methods on their own private (internal) data using the IP.com InnovationQ or the online IP.com <a href="http://www.ip.com/creative-registry/">Creative Registry</a>.<br />
<br />
The IP.com <a href="http://www.ip.com/innovationq/">InnovationQ</a> product combines the legal safeguarding processes along with secured-access search and retrieval to provide a complete solution for safeguarding, searching, and archiving your sensitive data (such as R&amp;D lab notebooks). <br />
<br />
Companies can effectively manage and strengthen their intellectual property portfolio with IP.com's comprehensive suite of products and services.<br />
<br />
<a href="http://www.ip.com/innovationq/"> InnovationQ</a><br />
<br />
InnovationQ is an enterprise software solution for intellectual property and innovation management. InnovationQ solves complex document and process management problems associated with managing intellectual property assets. With InnovationQ, companies can routinely safeguard their intellectual property while deriving the maximum value from their portfolios.<br />
<br />
<a href="http://www.ip.com/prior-art-database/"> Prior Art Database</a><br />
<br />
The IP.com Prior Art Database is a unique repository of defensive publications.&nbsp; Each day, hundreds of the world&rsquo;s most innovative companies publish their technical disclosures with IP.com.&nbsp; The database serves as a critical source of prior art in the technical community.&nbsp; The unique and rare content covers a wide variety of technology areas and is searched and cited by patent examiners worldwide.&nbsp; Additionally, the IP.com Journal is published twice each month and distributed to libraries and patent offices around the world.<br />
<br />
<a href="http://www.ip.com/patent-search-services/"> Patent Search Services</a><br />
<br />
IP.com has a proven track record in delivering the highest quality patent searches. Our multilingual and multidisciplinary search team ensures that we have specialized agents covering all technical domains. Unlike other search and law firms, IP.com employs a proven process for managing each search project which delivers timely, accurate, and concise results. Whether you need in depth invalidity research, freedom to operate, or simply a routine novelty search, IP.com delivers reports which save you time and money.<br />
<br />
<a href="http://www.ip.com">IP.com, Inc.</a> is a <a href="http://www.manning-napier.com/default.asp">Manning &amp; Napier </a>Information Services (MNIS) company, based in Buffalo, NY.&nbsp; With global Fortune 500 customers and international resellers, IP.com has been a trusted name for intellectual property services since 1994.<br />
<br />
We hope you'll read our corporate blog, <a href="http://www.securinginnovation.com">Securing Innovation</a>, and join with us discussing patents, trademarks, trade secrets, law and policy, and the latest and greatest tools to strengthen your intellectual property assets and manage your IP portfolios more effectively. Before reading this blog, and joining in the discussions here, it's a good idea to <a href="http://www.securinginnovation.com/legal/disclaimer/">read this</a>.<br />
<p><strong>This publication and the articles and opinions on this blog are not legal advice</strong>, even if the author of any article published on this blog may have a legal education or be qualified to practice law in some jurisdictions. Writing articles in this publication is expressly not practicing law, and a legal relationship between attorney and client is not established by reading or commenting on this blog, or by sending an email to the author of anything posted on this blog.</p>
<p><strong>If you need legal advice, you should hire a lawyer, not read books, magazines, or heaven forfend, browse the Internet looking at blogs.</strong></p>]]></description>
<link>http://www.securinginnovation.com/2007/10/articles/ipcom-inc/what-is-ipcom-and-why-read-our-blog/</link>
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<category>Blogging</category><category>Blogs</category><category>IP.com, Inc.</category>
<pubDate>Mon, 01 Oct 2007 21:49:06 -0500</pubDate>
<author>tcolson@ip.com (Thomas J. Colson)</author>

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