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.
Measuring technological breadth and depth of patent documents using Rao’s Quadratic Entropy
ABSTRACT In this article we propose indices for technological breadth and depth of patent documents. We conceptually compare and contrast several indices that have been used in the existing literature, explaining main limitations. Motivated by the drawbacks of those we demonstrate how Rao’s Quadratic Entropy, a statistical index used in ecology for measuring biodiversity, can be decomposed to separately measure technological breadth and depth. The properties of breadth and depth are then investigated using patents for business data processing. For the technological domains with the highest patenting activity, we show how the novel measures of technological breadth and depth can be used to rank the patenting entities by average breadth, and identify ones with inventions that on average exceed the domain-specific average depth. Practical implications of the proposed indices are also exemplified and discussed in the context of competitor analysis for entrepreneurial ventures in the area of network security for business data processing.
Prospects for Improving U.S. Patent Quality via Post-grant Opposition - eScholarship
The recent surge in U.S. patenting and expansion of patentable subject matter has increased patent office backlogs and raised concerns that in some cases patents of insufficient quality or with inadequate search of prior art are being issued. At the same time patent litigation and its costs are rising. This paper explores the potential of a post-grant review process modeled on the European opposition system to improve patent quality, reveal overlooked prior art, and reduce subsequent litigation. We argue that the welfare gains to such a system may be substantial.