I’ve been asked to discuss where we are today concerning the intertwined topics of innovation and patent policy. I do so as a long time observer, not as a patent lawyer for which, due to my undergraduate specialties, I am totally unqualified. Rather, I approach the topics from the perspective of someone who has run perhaps the two largest IP operations in the U.S. if not the world.

So let me begin with my view of the problems we currently face, which I will follow with a view of some recommendations. After that, I hope we will have the opportunity to get to some questions.

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But as this debate rolls on, we should feel good about a few things. The patent system has been through this before. And it has proved to be an amazingly resilient philosophy and entity! (see Mark Lemley’s November 2016 article in the Texas Law Review for a detailed discussion of this topic).