Tag Archives: uspto

Jeb Abandons Jeb!

by wlqclksxq Posted on December 23, 2015

Mother Jones

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Perfect last-minute Christmas present for the low-energy person in your life who needs an extra exclamation point: Jeb!

Not the candidate, just his name—upbeat punctuation mark and all. The word has apparently lost its appeal. Even to the candidate.

Last winter, months before Jeb Bush announced he was running for president, a Miami intellectual property attorney filed a trademark request for the word “Jeb!” on behalf of a mysterious Delaware corporation called BHAG LLC. As we discovered this summer, BHAG was an acronym for Big Hairy Audacious Goal. This phrase came from one of Bush’s favorite business management books, and when he was governor he used this term to motivate his underlings. It wasn’t until Bush, as a declared candidate, filed his financial disclosure form in July that the world learned he directly owned BHAG.

One of BHAG’s few activities was to trademark “Jeb!” As is par for the course, the US Patent and Trademark Office accepted the submission and requested additional information before it would grant the trademark. But according to that office, on November 9 Bush’s application was officially abandoned. Technically, Bush has until January 9 to restart the process, but for now the name is not trademarked and open for anyone else to try to grab.

According to the original application, Bush wanted the name reserved for use on leather key chains, stadium cushions, stemware, stuffed toys, hair bands, and other cool stuff. In April, the USPTO asked BHAG to provide, within six months, written consent from Bush himself to use his name. Bush never responded. So the USPTO issued an abandonment notice regarding the trademark request.

Bush’s campaign did not respond to a request for comment.

To be fair, Bush has had many other things to worry about these past few months. But his chief antagonist, Donald Trump, did find the time to re-up his hold on “Trump,” and he added a trademark claim to cover the use of his name for books on how to succeed in business and politics.

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Jeb Abandons Jeb!

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More Patents Does Not Equal More Innovation

by Mitchel123 Posted on November 25, 2014

Mother Jones

Via James Pethokoukis, here’s a chart from a new CBO report on federal policies and innovation. Needless to say, you can’t read too much into it. It shows the growth since 1963 of total factor productivity (roughly speaking, the share of productivity growth due to technology improvements), and there are lots of possible reasons that TFP hasn’t changed much over the past five decades. At a minimum, though, the fact that patent activity has skyrocketed since 1983 with no associated growth in TFP suggests, as the CBO report says dryly, “that the large increase in patenting activity since 1983 may have made little contribution to innovation.”

The CBO report identifies several possible innovation-killing aspects of the US patent system, among them a “proliferation of low-quality patents”; increased patent litigation; and the growth of patent trolls who impose a substantial burden on startup firms. The report also challenges the value of software patents:

The contribution of patents to innovation in software or business methods is often questioned because the costs of developing such new products and processes may be modest. One possible change to patent law that could reduce the cost and frequency of litigation would be to limit patent protections for inventions that were relatively inexpensive to develop. For example, patents on software and business methods could expire sooner than is the case today (which, with renewals, is after 20 years), reducing the incentive to obtain those patents. Another change that could address patent quality, the processing burden on the USPTO, and the cost and frequency of litigation would be to limit the ability to obtain a patent on certain inventions.

Personally, I’d be in favor of limiting software and business method patents to a term of zero years. But if that’s not feasible, even a reduction to, say, five years or so, would be helpful. In the software industry, that’s an eternity.

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More Patents Does Not Equal More Innovation

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