Category: Economics of Technology

Patent Trial and Appeal Board May Be Invalidating Low Quality Patents

One of the common complaints about the U.S. patent system for the past couple of decades is that the Patent and Trademark Office (PTO) has been approving too many low quality patents, that are then used by patent holders to extort licensing fees or out-or-court settlements from alleged infringers. One way in which the America Invents Act, signed in September 2011, tried to respond to the complaint was to strengthen the post-approval re-examination process for patents. The article quoted below suggests that the strengthened process may be having the intended effect.

(p. B4) The Patent Trial and Appeal Board is a little known but powerful authority that often allows a company embroiled in a lawsuit to skip the question of whether it infringed a patent–and challenge whether the patent should have been issued in the first place.

The board was launched in September 2012 as part of the massive patent overhaul passed by Congress the previous year and is currently staffed by 181 judges, many of whom have deep experience in intellectual property or technical fields like chemical and electrical engineering. Through last Thursday it had received 1,056 requests to challenge patents, far more than were received by any federal court over the same time period.
The board is part of the Patent and Trademark Office. But so far, it hasn’t shied away from upending the office’s decisions to issue certain patents. As of last week, the board had issued 25 written decisions concerning patent challenges, and upheld parts of challenged patents in only a few of them.
. . .
In recent months, Randall Rader, the chief judge of the Federal Circuit, has been one of the board’s most outspoken critics. At a conference of intellectual-property lawyers last fall, the judge called the board’s panels “death squads…killing property rights.”
In an interview with The Wall Street Journal, Mr. Rader said the board is too quick to toss out patents that demonstrate only modest innovation. “The board needs to incentivize human progress–and understand that it often happens one small step at a time,” he said.
But many company lawyers think the board is doing exactly as it should–taking a skeptical look at patents that have added little to the world.

For the full story, see:
ASHBY JONES. “New Weapon in Intellectual Property Wars; Panel Can Upend Patent Decisions, but Some Say It Goes Too Far; ‘Like Getting CAT-Scanned, MRI-ed, and X-Rayed’.” The Wall Street Journal (Tues., March 11, 2014): B4.
(Note: ellipsis between paragraphs, added; ellipsis inside paragraph, in original.)
(Note: the online version of the story has the date March 10, 2014, and has the title “A New Weapon in Corporate Patent Wars; Patent Trial and Appeal Board Can Upend PTO Decisions, but Some Say It Goes Too Far.”)

Government Regulations Slow U.S. Use of Drones

DronesThreeSophisticatedCommerical2014-04-03.jpgThree sophisticated drones. From top to bottom, the Insitu ScanEagle, the Yamaha RMAX, and the Trimble UX5. Source and photo: online version of the WSJ article quoted and cited below.

(p. B1) After Greek land surveyor George Papastamos bought his first drones a year ago, he let go most of his workers. Now, instead of a team of 12, he shows up to work sites with just a drone and an assistant.

“I could see this was the future,” said Mr. Papastamos, a second-generation surveyor from Athens. The drones have improved his maps and lowered his costs, enabling him to win more business. “It is much, much more profitable,” he said.
As U.S. regulators and courts grapple with when and how to allow the use of drones for commercial purposes, flying robots already are starting to change the way companies do business in countries from Australia to Japan to the U.K. They are showing the potential to provide cheaper and more effective alternatives to manned aircraft–and human workers–in industries like mining, construction and filmmaking.
The U.S. is “the world leader in producing drones,” but “the reality is the rest of the world has moved further ahead of us in terms of commercial applications,” said drone researcher Missy Cummings, director of the Humans and Autonomy Lab at Duke University.

For the full story, see:
JACK NICAS. “From Farms to Films, Drones Find Commercial Uses.” The Wall Street Journal (Tues., March 11, 2014): B1 & B6.
(Note: the online version of the story has the date March 10, 2014, and has the title “Drones Find Fans Among Farmers, Filmmakers; FAA Still Debating Rules but Drones are Spraying 40% of Japan’s Rice Fields.”)

William Vanderbilt Helped Disrupt His Gas Holdings by Investing in Edison’s Electricity

(p. 84) But even the minimal ongoing work on the phonograph would be pushed aside by the launch of frenzied efforts to find a way to fulfill Edison’s premature public claim that his electric light was working. A couple of months later, when asked in an interview about the state of his phonograph, Edison replied tartly, “Comatose for the time being.” He changed metaphors and continued, catching hold of an image that would be quoted many times by later biographers: “It is a child and will grow to be a man yet; but I have a bigger thing in hand and must finish it to the temporary neglect of all phones and graphs.”
Financial considerations played a part in allocation of time and resources, too. Commissions from the phonograph that brought in hundreds of dollars were hardly worth accounting for, not when William Vanderbilt and his friends were about to advance Edison $50,000 for the electric light. Edison wrote a correspondent that he regarded the financier’s interest especially satisfying as Vanderbilt was “the largest gas stock owner in America.”

Source:
Stross, Randall E. The Wizard of Menlo Park: How Thomas Alva Edison Invented the Modern World. New York: Crown Publishers, 2007.
(Note: ellipses, and capitals, in original.)

Gary Becker’s Grandson Ponders Opportunity Cost of College

HarboeLouisYoungTechEntrepreneur2014-03-30.jpg

“Louis Harboe with his parents, Frederik Harboe and Catherine Becker. Louis, now 18, got his first freelance tech job at age 12. Last year, he attended the Apple Worldwide Developers Conference in San Francisco.” Source of caption and photo: online version of the NYT article quoted and cited below.

(p. 1) Ryan was headed to South by Southwest Interactive, the technology conference in Austin. There, he planned to talk up an app that he and a friend had built. Called Finish, it aimed to help people stop procrastinating, and was just off its high in the No. 1 spot in the productivity category in the Apple App store.
. . .
Ryan is now 17, a senior at Boulder High. He is among the many entrepreneurially minded, technologically skilled teenagers who are striving to do serious business. Their work is enabled by low-cost or free tools to make apps or to design games, and they are encouraged by tech companies and grown-ups in the field who urge them, sometimes with financial support, to accelerate their transition into “the real world.” This surge in youthful innovation and entrepreneurship looks “unprecedented,” said Gary Becker, a University of Chicago economist and a Nobel laureate.
Dr. Becker is assessing this subject from a particularly intimate vantage point. His grandson, Louis Harboe, 18, is a friend of (p. 6) Ryan’s, a technological teenager who makes Ryan look like a late bloomer. Louis, pronounced Louie, got his first freelance gig at the age of 12, designing the interface for an iPhone game. At 16, Louis, who lives with his parents in Chicago, took a summer design internship at Square, an online and mobile payment company in San Francisco, earning $1,000 a week plus a $1,000 housing stipend.
Ryan and Louis, who met online in the informal network of young developers, are hanging out this weekend in Austin at South by Southwest. They are also waiting to hear from the colleges to which they applied last fall — part of the parallel universe they also live in, the traditional one with grades and SATs and teenage responsibilities. But unlike their peers for whom college is the singular focus, they have pondered whether to go at all. It’s a good kind of problem, the kind faced by great high-school athletes or child actors who can try going pro, along with all the risk that entails.
Dr. Becker, who studies microeconomics and education, has been telling his grandson: “Go to college. Go to college.” College, he says, is the clear step to economic success. “The evidence is overwhelming.”
But the “do it now” idea, evangelized on a digital pulpit, can feel more immediate than academic empiricism. “College is not a prerequisite,” said Jess Teutonico, who runs TEDxTeen, a version of the TED talks and conferences for youth, where Ryan spoke a few weeks ago. “These kids are motivated to take over the world,” she said. “They need it fast. They need it now.”

For the full story, see:
MATT RICHTEL. “The Youngest Technorati.” The New York Times, SundayBusiness Section (Fri., MARCH 9, 2014): 1 & 6.
(Note: ellipsis added.)
(Note: the online version of the story has the date MARCH 8, 2014.)

Edison Sold Half-Interest in Some Patents, to Fund His Inventing

Stross discusses Edison’s inventing at age 21:

(p. 8) Edison soon sought investors who would provide funds in exchange for half-interest in resulting patents.

Source:
Stross, Randall E. The Wizard of Menlo Park: How Thomas Alva Edison Invented the Modern World. New York: Crown Publishers, 2007.

Nasaw Claims Carnegie Believed in Importance of Basic Scientific Research

But notice that the two main examples of what Carnegie himself chose to fund (the Wilson Observatory and the yacht to collect geophysical data), were empirically oriented, not theoretically oriented.

(p. 480) Carnegie was, as Harvard President James Bryant Conant would comment in 1935 on the centenary of his birth, “more than a generation ahead of most business men of this country [in understanding] the importance of science to industry.” He recognized far better than his peers how vital basic scientific research was to the applied research that industry fed off. George Ellery Hale, an astronomer and astrophysicist, later to be the chief architect of the National Research Council, was astounded when he learned of Carnegie’s commitment to pure research. “The provision of a large endowment solely for scientific research seemed almost too good to be true…. Knowing as I did the difficulties of obtaining money for this purpose and (p. 481) devoted as I was to research rather than teaching, I could appreciate some of the possibilities of such an endowment.” Hale applied for funds to build an observatory on Mount Wilson in California, and got what he asked for. It would take until 1909 to build and install a 60-inch reflecting telescope in the observatory; in 1917, a second 100-inch telescope, the largest in the world, was added.

The Mount Wilson Observatory– and the work of its astronomers and astrophysicists– was only one of the projects funded in the early years of the new institution. Another, of which Carnegie was equally proud, was the outfitting of the Carnegie, an oceangoing yacht with auxiliary engine, built of wood and bronze so that it could collect geophysical data without the errors inflicted on compass readings by iron and steel. The ship was launched in 1909; by 1911, Carnegie could claim that the scientists on board had already been able to correct several significant errors on navigational maps.

Source:
Nasaw, David. Andrew Carnegie. New York: Penguin Press, 2006.
(Note: ellipsis, and italics, in original.)
(Note: the pagination of the hardback and paperback editions of Nasaw’s book are the same.)

Carnegie’s Not-Fully-Grown-Infant-Industry Argument for Steel Tariffs

(p. 375) The steel industry was doubly dependent on state and national governments for the generous loans and subsidies that fueled railway expansion and rail purchases and the protective tariffs that enabled the manufacturers to keep their prices–and profits–higher than would have been possible had they been compelled to compete with European steelmakers. If, in the beginning, as Carnegie had argued, the tariff had been needed to nurture an infant steel industry, by the mid-1880s that infant had become a strapping, abrasive youth, who kept on growing. Why then, one might inconveniently ask, was there need for a protective tariff? Because, as Carnegie argued in the North American Review in July 1890, the steel industry was not yet fully grown and would have to be protected until it was.
On the issue of the tariff–as on few others–Pittsburgh’s workingmen were in agreement with Carnegie. They voted Republican in large numbers because the Republicans were the guardians of the protective tariff, and the tariff, they believed, protected their wage rates.
The argument linking the tariff and wages in the manufacturing sector was a compelling one in the industrial states, but nowhere else. As the Democrats took great delight in pointing out, high tariffs led to high prices for all consumers.

Source:
Nasaw, David. Andrew Carnegie. New York: Penguin Press, 2006.
(Note: italics in original.)
(Note: the pagination of the hardback and paperback editions of Nasaw’s book are the same.)

Hero Rebels Against the Bureau of Technology Control

InfluxBK2014-02-19.jpg

Source of book image: online version of the WSJ review quoted and cited below.

(p. D8) In “Influx,” . . . , a sinister Bureau of Technology Control kidnaps scientists that have developed breakthrough technologies (the cure to cancer, immortality, true artificial intelligence), and is withholding their discoveries from humanity, out of concern over the massive social disruption they would cause. “We don’t have a perfect record–Steve Jobs was a tricky one–but we’ve managed to catch most of the big disrupters before they’ve brought about uncontrolled social change,” says the head of the bureau, the book’s villain. The hero has developed a “gravity mirror” but refuses to cooperate, despite the best efforts of Alexa, who has been genetically engineered by the Bureau to be both impossibly sexy and brilliant.

In the publishing world, there is a growing sense that “Influx,” Mr. Suarez’s fourth novel, may be his breakout book and propel him into the void left by the deaths of Tom Clancy and Michael Crichton. “Influx’ has Mr. Suarez’s largest initial print run, 50,000 copies, and Twentieth Century Fox bought the movie rights last month.
An English major at the University of Delaware with a knack for computers, Mr. Suarez started a consulting firm in 1997, working with companies like Nestlé on complex production and logistics-planning issues. “You only want to move 100 million pounds of sugar once,” says Mr. Suarez, 49 years old.
He began writing in his free-time. Rejected by 48 literary agents–(a database expert, he kept careful track)–he began self-publishing in 2006 under the name Leinad Zeraus, his named spelled backward. His sophisticated tech knowledge quickly attracted a cult following in Silicon Valley, Redmond, Wash., and Cambridge, Mass. The MIT bookstore was the first bookstore to stock his self-published books in 2007.

For the full review, see:
EBEN SHAPIRO. “Daniel Suarez Sees Into the Future.” The Wall Street Journal (Fri., Feb. 7, 2014): D8.
(Note: ellipsis added.)
(Note: the online version of the review has the date Feb. 5, 2014, and the title “Daniel Suarez Sees Into the Future.”)

The book under review, is:
Suarez, Daniel. Influx. New York: Dutton, 2014.

SuarezDanielAuthorInflux2014-02-19.jpg

Author of Influx, Daniel Suarez. Source of photo: online version of the WSJ article quoted and cited above.

The Young, with Managerial Experience, Are Most Likely to Become Entrepreneurs

(p. A13) In a current study analyzing the most recent Global Entrepreneurship Monitor (GEM) survey, my colleagues James Liang, Jackie Wang and I found that there is a strong correlation between youth and entrepreneurship. The GEM survey is an annual assessment of the “entrepreneurial activity, aspirations and attitudes” of thousands of individuals across 65 countries.
In our study of GEM data, which will be issued early next year, we found that young societies tend to generate more new businesses than older societies. Young people are more energetic and have many innovative ideas. But starting a successful business requires more than ideas. Business acumen is essential to the entrepreneur. Previous positions of responsibility in companies provide the skills needed to successfully start businesses, and young workers often do not hold those positions in aging societies, where managerial slots are clogged with older workers.
In earlier work (published in the Journal of Labor Economics, 2005), I found that Stanford MBAs who became entrepreneurs typically worked for others for five to 10 years before starting their own businesses. The GEM data reveal that in the U.S. the entrepreneurship rate peaks for individuals in their late 20s and stays high throughout the 30s. Those in their early 20s have new business ownership rates that are only two-thirds of peak rates. Those in their 50s start businesses at about half the rate of 30-year-olds.
Silicon Valley provides a case in point. Especially during the dot-com era, the Valley was filled with young people who had senior positions in startups. Some of the firms succeeded, but even those that failed provided their managers with valuable business lessons.
My co-author on the GEM study, James Liang, is an example. After spending his early years as a manager at the young and rapidly growing Oracle, he moved back to China to start Ctrip, one of the country’s largest Internet travel sites.

For the full commentary, see:
EDWARD P. LAZEAR. “The Young, the Restless and Economic Growth; Countries with a younger population have far higher rates of entrepreneurship.” The Wall Street Journal (Mon., Dec. 23, 2013): A13.
(Note: the online version of the commentary has the date Dec. 22, 2013.)

The Lazear paper mentioned above, is:
Lazear, Edward P. “Entrepreneurship.” Journal of Labor Economics 23, no. 4 (October 2005): 649-80.

Incandesce

(p. A11) When I am asked if I want a Compact Fluorescent Light, the only thought I have is that I don’t want my light to be compact, nor do I wish it to be florescent. I want a light that will incandesce across my room, filling it with a familiar yellow surf, and remind me that it was not with wax or kerosene, but with incandescent bulbs that man conquered the night.
. . .
I imagine what will happen when the filaments in my final incandescent bulbs grow weak, and I can hardly read my notes before me. Will I no longer be able to write at night? Or worse, will living with CFLs and LEDs make every day feel like I have just spent nine hours plastered before a computer screen? One day, soon, I will turn on my light and hear for the last time the signature, explosive death rattle of an incandescent bulb, and I’ll hold a vigil for the light that shaped and witnessed more than a century of human history. Tender is the light, Keats might say.
In my lightless room, I’ll sit for a moment and wonder how many more times in my life I’ll watch a bulb go out again. As I look to my dead bulb, I’ll think of the poet again and whisper: Darkling, you were not a piece of technology born for death.

For the full commentary, see:
ALEXANDER ACIMAN. “Tender Is the Light of My Incandescents; Bracing myself for life once the filaments in my beloved bulbs grow weak.” The Wall Street Journal (Fri., Jan. 31, 2014): A11.
(Note: ellipsis added.)
(Note: the online version of the commentary has the date Jan. 30, 2014.)