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1994 Hearings on Software Patents

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1994 Hearings on Software Patents United States Patent and Trademark Office Public Hearing on Use of the Patent System to Protect Software-Related Inventions Transcript of Proceedings Wednesday, January 26, 1994 Thursday, January 27, 1994 9:00 a.m. to 5:00 p.m. Before Bruce A. Lehman Assistant Secretary of Commerce and Commissioner of Patents and Trademarks Location: San Jose Convention Center 408 Almaden Avenue San Jose, California UNITED STATES PATENT AND TRADEMARK OFFICE Public Hearing on Patent Protection for Software-Related Inventions San Jose, California -- January 26-27, 1994 Table of Participants Before: Bruce A. Lehman Assistant Secretary of Commerce and Commissioner of Patents and Trademarks United States Patent and Trademark Office The Panel: Ginger Lew General Counsel-Designate United States Department of Commerce Lawrence Goffney Assistant Commissioner for Patents-Designate United States Patent and Trademark Office Micheal K. Kirk Assistant Commissioner for External Affairs United States Patent and Trademark Office Jeffrey P. Kushan Attorney-Advisor United States Patent and Trademark Office Recording Technicians: Karl Henderscheid Support Office Services 52 Second Street, Third Floor San Francisco, CA 94104 (415) 391-4578 Trascriber: Milton Hare Rogershare Transcribers 541 Maud Avenue San Leandro, CA 94577 (510) 357-8220 - ii - UNITED STATES PATENT AND TRADEMARK OFFICE Public Hearing on Patent Protection for Software-Related Inventions San Jose, California -- January 26-27, 1994 Witnesses January 26, 1994 January 27, 1994 Mr. Clark Mr. Fiddler VideoDiscovery Wind River Systems Mr. Poppa Mr. Warren StorageTek Autodesk, Inc. Mr. Ryan Ms. O'Hare Intellectual Property Owners, Inc. Mr. Glenn Mr. LeFaivre Intellectual Property Section of the State Bar of California Apple Computer Mr. Lippe Computer and Business Equipment Manufacturing Synopsys Association Mr. Boyle Mr. Lopez Multimedia Development Group Interactive Multimedia Association Mr. Laurie Mr. Heckel Weil, Gotshal & Manges Abraham Lincoln Patent Holders Association Mr. Patch Mr. Kohn Sun Microsystems, Inc. Borland International, Inc. Mr. Byrne Mr. Brotz American Committee for Interoperable Systems Adobe Systems Incorporated Mr. Gimlan Mr. Troesch Fliesler, Dubb, Meyer & Lovejoy Fish and Richardson Mr. Cronan Mr. Sabath Taligent, Inc. World Intellectual Property and Trade Forum Mr. Neukom Mr. Benman Microsoft Corporation Benman & Collins Mr. Morgan Mr. Baker The Prudential Insurance Company of America Oracle Corporation Mr. Stallman Mr. Silverman Mr. Casey Intel Corporation Silicon Graphics, Inc. Ms. Caldwell Mr. Sterne Software Entepreneurs Forum Sterne, Kessler, Goldstein and Fox Mr. Chiddix Mr. Siber Time Warner Cable IBM Corporation Mr. Fernandez Mr. Lachuck Fenwick and West Poms, Smith, Lande & Rose Mr. Antoniak Mr. Aharonian Solar Systems Software Source Translation and Optimization Prof. Hollaar Mr. Cole University of Utah Mr. Graham Mr. Henry International Federation of Industrial Property Attorneys Wolf, Greenfield & Sacks, P.C Boston Patent Law Association Mr. Lemon Network Computing Devices Mr. Cassamassima Exxon Production Research Company Mr. Schlafly Real Software Mr. May Iconik Corporation Mr. Brand Reasonings Systems, Inc. Mr. Brown Mr. Judd Mr. Irlam Mentrix Corporation League for Programming Freedom Mr. Higgins Mr. Yoches Cooley, Godward, Castro, Huddleson & Tatum Finnegan, Henderson, Farabow, Garrett & Dunner Mr. Grace Mr. Shay Tetrasoft International Morrison & Foerster - iii - UNITED STATES PATENT AND TRADEMARK OFFICE Public Hearing on Patent Protection for Software-Related Inventions San Jose, California -- January 26-27, 1994 --o0o-- Department of Commerce and the Patent and Trademark Office, I'd like to thank the Vice-Mayor and the City of San JEFF KUSHAN: We're ready to begin the hearings today. Jose for providing this great spot to have these hearings and We're very pleased to be out here on the West Coast. providing the technical and physical assistance that we really What I'd like to do is introduce the Vice-Mayor of San Jose, needed to come here from the political and legal capitol of Blanc Alvarado, so we could begin the program. the United States to the technological capitol of the United --o0o-- States which really is right here in Silicon Valley. And I think VICE-MAYOR BLANC OALVARADO it emphasizes what we would like to think is a growing VICE-MAYOR, CITY OF SAN JOSE, CALIFORNIA cooperation between the political capitol and this technological capitol, and particularly the President's VICE-MAYOR ALVARADO: Well, good morning to all of commitment to work with California to make certain that you. It's wonderful to see as many of you here today. California can be everything that it possibly can be. Hopefully more people will come in during the course of the hearings, because indeed what is happening here in our city President Clinton has made the development and today is very very important not only to the software competitiveness of America's high-tech industries the industry, but certainly to the nation and to the country as a cornerstone of his economic program, and he talked about whole. that last night in his State of the Union Address. Promoting these industries will lead to the highway to high-tech jobs for Commissioner LEHMAN, distinguished officials from the Americans, more high-wage, high -tech jobs, and will insure Patent and Trademark Office, ladies and gentlemen, I am continued competitiveness for our industries into the future. Blanc Alvarado, Vice-Mayor, City of San Jose and it is my pleasure to welcome you to our city known as the capitol of In fact, you know, we're not far from the mountains of the Silicon Valley for hearings on patents for software-related Gold Rush. In the Nineteenth Century it was the wealth in inventions. the ground that created the wealth of California and the nation. As we move into the 21st Century, it's the wealth of As you all know, for the past decade the computer software the human mind which is going to be our most precious industry has evolved into one of the nation's fastest-growing natural resource. That wealth doesn't mean a whole lot if it industries, and today U.S. software firms lead the world in doesn't have a conception of a modern up-to-date legal innovation and market share. Silicon Valley firms develop system which defines the rights that individuals have in their one-fourth of the world's software, and to maintain creations. That system needs constant revising and constant leadership in this vital industry, a commitment to innovation modification, and that's why we're here, right here in the on the part of each and every one of us is essential. heart of Silicon Valley, where we see a tremendous potential It is quite a privilege for San Jose to host the first landmark for pursuit of the Clinton Administration's goals. public hearing on patent protection held outside of Much recent concern has been expressed over the patent Washington, D.C. This is the first in a series of public system to protect software-related inventions. These hearings which will result with your input and good advice in concerns range from claims that the patent system is a revamping and updating of a system that at best I would say incompatible with software development to skepticism over is somewhat out of date. We commend the Patent and the ability of the Patent and Trademark Office to accurately Trademark Office for recognizing Silicon Valley's critical role gauge innovations in this field of technology. However, to in the world software industry, and I would also like to date, there has not been a forum in which those having recognize the efforts of our own Office of Economic concerns could air them with the hope that they would be Development in bringing these hearings to San Jose. heard, evaluated, and used to develop future policy. These The dialogue that will take place today and tomorrow and hearings are intended to provide that forum. We're really throughout the public hearings in other parts of the country quite serious about having this opportunity to really hear is as you know extremely important to the software from people in the business about what they think about the industry, to our regional economy, and certainly to the current state of the intellectual property system, what they nation's economy. We wish each and every one of you a think needs to be done to improve it. very very successful public hearing, and we encourage you to Before we begin I'd like to provide you with a little speak candidly, to give us your best advice so that those that information about the Patent and Trademark Office, our are here from the Patent Office will be able to take your operations and our plans for the future. The Patent and recommendations, your input in the most serious step Trademark Office is an agency of the Department of further up ahead, to look at how the system for patenting Commerce. It's a very old agency; it was founded in 1790. inventions can be improved. We wish you success, It's one of the first agencies of the Federal Government. It's encourage you to stay for the two days, and also encourage a part of the team that the President has assembled to you to invite other people who are not here presently to promote technological innovation and exploitation to attend as well. Thank you very much for being here. increase our exports and to enhance the overall COMMISSIONER LEHMAN: Thank you very much. competitiveness of U.S. industry. The Commerce --o0o-- Department is also leading the Administration's initiative to
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