Big Banks and Business Method Patents
The banking industry and the patent system are longstanding American institutions whose histories date back to the founding of this country. Historically, however, the paths of these two institutions rarely crossed. Although financial firms have been increasing their innovative output for decades now, until recently they relied on trade secrecy, first mover advantages, and other business mechanisms to protect and monetize their intellectual property — not patents. Through a convergence of circumstances over the past several years, that pattern has changed. The shift began when the Federal Circuit decided that business methods — banks’ primary mode of innovation — are patentable subject matter. That decision triggered an increase in the number of business method patents issued by the PTO, and, correspondingly, a surge in patent infringement litigation targeting big banks. When the banks found little success in court, their powerful lobby persuaded Congress to include a special carve out for financial patents in the America Invents Act — the comprehensive patent reform legislation enacted in 2011. Meanwhile, as the financial industry sought legislative favor to ward off future infringement suits, many of the big banks built substantial patent portfolios of their own. This Article explores this nascent relationship and considers some potential implications of growing bank involvement in our patent system. It suggests that the intersection of these institutions could yield some benefit, for example by improving the publicly available information regarding financial innovations. Yet, more pointedly, it warns of possible harms, especially if big banks use their political and economic power to disproportionately influence patent reform and innovation policy in the future.
Knowledge flows from business method software patents: influence of firms’ global social networks
Abstract
Using patent citations as an indicator of knowledge flows, this paper examines the effects of firms’ global patent social networks on knowledge flows from business method software patents. Patent social networks are considered along several dimensions, including relative centrality, structural equivalence and brokerage roles. Identifying 19,385 software patents applications to the USPTO by 37 countries during 1995–2012, results show that firms positioned with a relative centrality or situated within the same structural equivalent cluster have more citations to their counterpart firms’ patents. Further, among the different brokerage roles, we find positive promotion to knowledge transfer when the citing and cited firms both serve the role of an itinerant as well as that of a gatekeeper/representative, while firms that act as gatekeeper/representative (alone) cite less patents from firms that do not enact this kind of a role. These unique insights provide a better understanding of channels of knowledge transmission and have implications for the pace of technological change.
The guaianolides of ambrosia cumanensis HBK : The structures of cumambrins A and B☆
Abstract Cumambrins A and B isolated from Ambrosia cumanensis HBK were shown to be guaianolides with structures Ia and Ib.