Opening Sesson: Advancing Innovation Through A Renewal Of Trust

3 Questions, 2 Government Leaders & 1 Fireside Chat

By Renee McMullen

Fireside Chat with Bill Elkington (left), Andrei Iancu and Walter Copan.

   The opening session of the 2018 LES Annual Meeting was held discussion style at the Marriott Copley Place in Boston. Two government leaders with key ties to the work and mission of LES Andrei Iancu, Director of the US Patent and Trademark Office (USPTO) and Dr. Walter Copan, Director of the National Institute for Standards and Technology (NIST), joined Bill Elkington, LES Past-President, to share their views and agency initiatives for intellectual property (IP).

The first question Elkington posed was comprehensive in scope and set the tone for a thoughtful response from both Iancu and Copan.

What are the problems that need to solved, what goals need to be achieved, and what are the government policies that need to be taken forward in the American ecosystem and the IP regime?

Both gentlemen stressed the importance of innovation to the United States economy. Dr. Copan noted that it is no coincidence that the USPTO and NIST are both part of the Department of Commerce. He noted that "both organizations are essential to the growth of America and to maintain global competitiveness in the face of increasingly-organized and well-capitalized and focused competition globally."

Iancu noted that the IP-intensive industry commands about 40% of the U.S. economy and about 40% of jobs. He iterated that in order to make sure we have appropriate IP protections that drive the information economy, "our IP laws and systems need to be reliable and predictable." Not only do rights need to be clear, but the owner of said rights must be able to rely on the right, know that it can survive challenge, and that the boundaries are clear.

Dr. Copan noted that he is pleased with the LES' engagement in the ROI of  unleashing American innovation, as well as its initiatives around standards. He noted that "Standards are ultimately the common language of commerce. As we drive greater efficiencies in commerce, standardization efforts among the intellectual capital community will continue to drive growth, clarity and reduce the friction as deals are struck."  Standardization, policies, return on investment (in innovation and intellectual property) and growing/maintaining a STEM workforce were all themes discussed for these two commerce and innovation-focused government agencies.

Following the initial discussion, both directors were asked to specifically highlight the initiatives they're working on to improve the innovation ecosystem and the intellectual property regime.

For the USPTO, Director Iancu highlighted two endeavors, one regarding Section 101 subject matter and providing guidance to the 8,500 examiners who work with the agency. He outlined that better clarity on how analysis should be performed is needed, noting that it may not necessarily be a claim-by-claim analysis, but rather a category one. There also needs to be an effort to determine what categories of matter should be excluded. Additionally there is an initiative around inter partes reviews and post-grant reviews (IPRs/PGRs).

Within NIST, Dr. Copan is excited about the ROI initiative and its goal to accelerate and streamline the transfer of technology from the country's federal laboratories and the federally-funded research and development occurring at our nation's universities. He believes that, "We have an opportunity as a country to drive stronger innovative  ecosystems, not in just the traditional places, but across the country. We need to unlock more innovation ecosystems." He noted the "tremendous potential" across the country as the conversation around the ROI of American innovation continues.

Directors Iancu and Copan concluded the session by outlining ways LES could help their agencies. Both agree that the Society has the ability to advocate for updates to policy with legislators in Congress, as well as shaping the continuing dialog around the importance of intellectual capital and the innovation ecosystem to the American economy. Specific methods highlighted by both gentleman included continuing to have meetings such as the Annual Meeting to continue discussions on this topic.

Publishing opinion editorials (i.e. op-eds) was cited as a tactic to bring the importance of clearly-defined predictable lines of what IP/IC means to the economy to the attention of our legislators and judiciary branch of U.S. government. Iancu concluded, "The communication through all methods should be clear and succinct, with a strong message. It should instill hope to the American people that through the vitality of our innovation system and the strength and reliability of our intellectual property we will continue to evolve as a nation."

Read LES Viewpoints December 2018 Edition here