Archive for the ‘Intellectual Property’ Category

Update: Trade Policy Forum Meeting in India

posted by in Global Markets, Intellectual Property October 21, 2016

Intellectual property protection is crucial for software innovation. It encourages research and development that creates jobs in the US and around the world. That is why BSA is so pleased that USTR prioritized trade secret and patent protection in its Trade Policy Forum (TPF) discussions with India this week. TPF is an important bilateral dialogue to promote policies targeted at advancing trade between both countries. As such, it is encouraging that the impact of IP on digital trade and job creation was reflected on the agenda of yesterday’s meeting. BSA has been working with both the US and Indian government to help inform TPF discussions and provide the perspective of the software industry.

We appreciate that the US and India included a dialogue focused on the importance of protecting trade secrets. Trade secrets are a critical tool for the innovation economy because they enable software companies to protect their hard-earned research and development and thus, continue to foster innovation. BSA supported passage in the US of the Defend Trade Secrets Act (DTSA), and we are pleased that the importance of civil and criminal trade secret protection was discussed at the event. Other positive outcomes of the meeting include commitments to support liberalization in the IT services area and to promote the digital economy.

The meeting also allowed for continued discussion on the importance of patent protection for computer-related inventions (CRI). CRIs play a pivotal role in the products and systems that form the basis of the digital economy, and patent protection provides the incentives needed for future innovation. The current Indian Guidelines for Examination of CRIs may, if not addressed, hinder innovation. We appreciate that the Government of India expressed openness to reconsidering the CRI Guidelines and we hope they will soon be revised to reflect international best practices. This will be an important step towards enabling innovators to protect and capitalize on their inventions, benefiting the Digital India initiative.

BSA and its members look forward to continuing working with both governments to advance policies that allow the fostering of the digital economy.

A Bipartisan, Consensus Approach to Innovation Policy

posted by in Intellectual Property March 29, 2016

In encouraging news given today’s climate, Congress is making progress on legislation that will promote innovation.  Even more encouraging?  The legislation and process involved in this progress are both bipartisan and bicameral.

The Defend Trade Secrets Act, introduced in the Senate by Senators Hatch and Coons, and in the House by Representatives Collins, Nadler, and Jeffries, shows tremendous promise when it comes to bolstering software innovation – so important to our daily lives, and to the health of our national economy as a whole.

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PTO Should Take a Victory Lap

posted by in Intellectual Property October 2, 2015

The United States Patent and Trade Office (PTO) just released their “Study and Report on the Implementation of the Leahy-Smith America Invents Act (AIA).” They deserve a round of applause for their hard work implementing this landmark piece of legislation.

Signed into law in 2011, the AIA was the first major change to the Patent System in 50 years. When it was enacted, we believed that it would modernize our laws to take into account the global nature of our patent system. We hoped it would provide clarity and better certainty for both patent owners and those looking to manufacture or provide new services. Because of the work by the PTO in implementing this legislation, both have occurred.

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Strengthening the Patent System by Ending Patent Abuse

posted by in Intellectual Property March 19, 2015

Patent reform is top of mind on Capitol Hill this month as several Committees hold hearings to discuss the need for patent reform. BSA was honored to testify today at the Senate Committee on Small Business and Entrepreneurship. My testimony underscored the need for legislative action to curb abuses in the patent system.

The Small Business Committee is the ideal venue for an organization like BSA to present our views. Although our members range in size – from very small to large, each of them was founded by one or two individuals with passion, an idea, and a vision for making that idea a marketplace reality.
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It’s Time to Support Software Industry Priorities

posted by in Intellectual Property March 3, 2015

The global software industry – exemplified by the unparalleled success of American-born innovation – is changing the way we live. Software creates jobs. It sustains vibrant economies. And it enables us to do amazing things by connecting human ingenuity with technology to not only improve how we live our lives every day but also turn remarkable new ideas into reality.

In recent years it’s been a challenge to foster cooperation and deal making in Washington. However, White House and congressional leaders seem eager to change this dynamic and demonstrate they can work together to pass legislation. This week, the General Counsels of BSA | The Software Alliance member companies are coming to Washington to urge action by Congress and the Obama Administration on a bipartisan, achievable, pro-growth agenda focusing on patent reform, government access to private data, and removing trade barriers. These issues don’t require new spending or changes in the tax code. But they are common sense, drive economic growth, and — with the right support – are achievable this year. (more…)

Supreme Court Action on Patents Leaves Room for Reform

posted by in Intellectual Property February 12, 2015

Today, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet held a hearing to examine recent Supreme Court cases in the patent arena. The hearing was carefully watched by opponents and supporters of the Innovation Act (HR 9), a bipartisan patent litigation reform bill introduced last week.

BSA and its member companies strongly support the Innovation Act. The bill is carefully crafted to curb abusive practices in patent litigation and to address asymmetries in the cost of patent litigation that provide incentives to assert weak patents and meritless infringement claims. Today’s hearing made clear that, while the Supreme Court has taken steps to correct imbalances in patent litigation, meaningful change lies beyond the Court’s role in interpreting existing law. (more…)

BSA Global Survey Reveals Security Concerns With Unlicensed Software — and Points to the Solution

posted by in Intellectual Property June 24, 2014

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Of all the priorities CIOs and IT managers are juggling these days — from cloud to mobility to data analytics — surveys find that cybersecurity is what keeps them up at night. And there’s good reason for that: Symantec dubbed 2013 the “Year of the Mega Breach” while the Economist Intelligence Unit found that more than 75 percent of organizations suffered a security incident in the past two years causing major system disruption or loss of sensitive data. (more…)

Affirming the Patentability of Software

posted by in Intellectual Property February 27, 2014

The Supreme Court next month will hear oral arguments in CLS Bank v. Alice Corp., an important case that could go a long way toward affirming that the breathtaking software innovations transforming the world around us are patentable just like any other form of innovation as long as they meet the standard tests of being new, useful, non-obvious and adequately described.

The debate about software patentability has been contentious in recent years, partly because it has been exacerbated by questionable inventions masquerading as software patents. Take the patents asserted by Alice Corp. They simply describe a well-known process for settling financial transactions — an abstract idea that has been around for centuries — and claim that performing the steps on a computer is an invention. The concept of performing intermediate settlements on a computer adds no substantial value and does not make the abstract idea patentable, so the Court should find Alice’s patents invalid. (more…)

Study Shows Impact of Software Infringement for Manufacturers

It has long been well understood that software is a key driver of growth and innovation because it serves as a tool of production for businesses across every sector of the global economy. It also follows that the impact of software intellectual property infringement is far reaching — and a new study quantifies that impact in the manufacturing sector.

Bill Kerr, associate professor at Harvard Business School, and Chad Moutray, chief economist for National Association of Manufacturers (NAM) have found that global software IP infringement is a significant drain on the US economy. Their study, commissioned by NAM and the National Alliance for Jobs and Innovation, reveals that between 2002 and 2012 software infringement cost nearly $240 billion in manufacturing revenue, $70 billion in GDP and more than 42,000 US manufacturing jobs.

Results of the study were discussed on January 30, 2014 in a panel discussion at NAM headquarters featuring the study authors and industry leaders:

Pass the Innovation Act

posted by in Intellectual Property December 3, 2013

The US House of Representatives is set to vote this week on the Innovation Act (H.R. 3309), an important bipartisan bill that would curb abusive patent litigation by reducing the financial incentive for bad actors to engage in it.

BSA urges Members of Congress to support the bill.

We have laid out the case for balanced patent reform along with a detailed analysis of the Innovation Act on PatentPrinciples.org. For a great overview of why the bill is needed, we would also encourage everyone to watch this video from Judiciary Chairman Bob Goodlatte (R-Va.), the bill’s sponsor: