software patents after alice: a long and sad tail
TRANSCRIPT
What Alice means for the US Patent System What Alice did not doThe global patent landscapeWhat we can do
Between July 1 and August 15, 2014,
830 patent applications were withdrawn
Software Patents: A One-Year Review of Alice v. CLS Bank, by Jasper L. Tran, 2015
Source: http://www.biotech-now.org/public-policy/patently-biotech/2014/10/patent-cases-down-by-40-in-2014
Suits being brought are down by 40%
Represents PTAB, Circuit and Federal Circuit decisions, from Software Patents: A One-Year Review of Alice v. CLS Bank, by Jasper L. Tran, 2015
“In total, 286 invalidations out of 345 patents or patent applicationsyields an average invalidation rate of 82.9% before the three courts.”
Represents PTAB, Circuit and Federal Circuit decisions, from Software Patents: A One-Year Review of Alice v. CLS Bank, by Jasper L. Tran, 2015
“...it seems that there are many examiners in the software technology space that simply do not issue patents
and seek any excuse to deny applicants.”
From Gene Quinn of Ipwatchdog.com on May 19th, 2016
Plaintiffs filed 2,540 patent cases in the Eastern District in 2015
Will This Case End East Texas’ Reign as the Patent Litigation Capital?Lisa Shuchman, Corporate Counsel, January 13, 2016
“Disaster survivors, and even people who just hear about a disaster, are often first
overwhelmed by it; they can only rationally process its significance after some time.”
Kevin Noonan on patentdocs.org June 22, 2015 talking about the post-Mayo Ariosa vs. Sequenom case
"An estimated 10.2 million patents were in force worldwide in 2014, with the bulk of them in the US
(24.7% of world total), Japan (18.8%) and China (11.7%)."
WIPO: http://www.wipo.int/pressroom/en/articles/2015/article_0016.html
“The number of applications to the PTO from China grew at an
average annual growth rate of 31 percent from
422 in 2000 to 10,511 in 2012.”
Made in China: How Chinese Innovation is Changing the Patent Landscape, by Jay P. Kesan, Alan Marco, and Richard Miller, 2014
Defensive patent pools: I work at this one and you can join for free. But we could use them in more areas, so start your
own!
A One-Year Review of Alice v. CLS Bank, by Jasper L. Tran, 2015
Made in China: How Chinese Innovation is Changing the Patent Landscape, by Jay P. Kesan, Alan Marco, and Richard Miller, 2014
Federal and State Legislationhttp://www.patentprogress.org/patent-progress-legislation-guides/
Further Reading
CC.BY from Flickr: Coelho em fuga, by Irene Nobrega -- Blue Sky, by Dude Pascalou -- Conejo, by Martin Garrido -- Zenith Z-19 Terminal, by ajmexico -- c's morning eggs, by Jennifer Donley -- Teens Bingo 001, by Franklin Park Library -- Chambered Nautilus Shell, by Jitze Couperus -- Money Stinky Feet
Bankroll Girls February 08, 201113, by Steven Depolo -- Finger Face, by Tsahi Levent-Levi -- Sweets, by Garry Knight -- Chicken Little, by Alias0591 --
Money on a Hook, by TaxCredits.com -- I pledge allegiance to the flag of TPP, by Donkey Hotey
CC.BY.SA from Flickr: Handshake Man and Woman, by Flazingo.com -- those are my studio phones, by Teeejayy -- got chur tail, by rashidaS MarB – Aston Martin Speedometer by Dinesh Advani on Wikipedia –
friends, by Bill Benzon -- red roses, by Maciel Lewandowski
CC.0: The Free Software Gang
Fair UseTexas Ice Rink, from Business Insider -- Alex Shrekli, from CBS News -- Canadian Flag, from Wikipedia -- Logos from Open Invention Network, Linux Defenders, Free Software Foundation, Electronic Frontier
Foundation
Public Domain: Mondrian Composition II in Red, Blue, and Yellow, by Piet Mondriaan and Washington’s Constitutional Convention 1787 from Wikipedia
By permission: “Figure 1: The Courts' Implementation of Alice from Software Patents” A One-Year Review of Alice v. CLS Bank, by Jasper L. Tran, 2015
Font: Isserley is under the SIL Open Font License
Picture Credits