Startups, innovators, and the general public stand to benefit from a patent system that reliably promotes innovation and puts an emphasis on the quality of patents over quantity. With lawmakers taking interest in improving patent quality, technology has a role to play.
Startup News Digest 07/23/21
The Big Story: Patent Quality Week examines startups’ need for balance. Today we close out our inaugural Patent Quality Week where we partnered with numerous organizations to showcase the importance of patent quality from a variety of perspectives and industries.
What We Heard from the Founders about Startups & Patent Policy
This week, during the inaugural Patent Quality Week, Engine, the Consumer Technology Association, and ACT | The App Association hosted a webinar to allow more of you to hear directly from these startup leaders across the country about the exciting work they are doing, and about how patents and abusive patent assertion affect their ability to grow and succeed.
The Nuts & Bolts of Competing Globally: How Startups Compete Abroad
The Internet has transformed the modern economy, led to new technological developments, and given rise to digital trade. Internet-enabled companies are able to reach users and customers across the globe without a brick-and-mortar place of business, but non-tariff barriers — such as forced data localization, imbalanced copyright law, and various restrictions on user speech — can prevent startups from competing abroad.
DACA Decision Puts U.S. Startup Ecosystem at Risk
A ruling from a federal judge last week is disrupting an immigration program for individuals brought to the U.S. as minors, that entrepreneurs — among many others — have relied on in recent years. The ruling from a Texas district court found the Deferred Action for Childhood Arrivals (DACA) unlawful and blocks the administration from approving new applications. It is essential that policymakers implement a permanent solution, which includes a pathway to citizenship, for this community, because failing to do so can mean abandoning a critical source of U.S.-educated talent.
U.S. Needs a Startup Visa for Innovation to Thrive
Countries around the world are attracting innovators and entrepreneurs with pro-startup immigration policies, and Congress is beginning to take notice. This week, the House Judiciary Committee held a hearing on international talent loss to U.S. competitors, including Canada. Though the U.S. is a target destination for immigrant entrepreneurs looking to launch startups, other nations with more favorable immigration policies — including startup visas and considerable investments in entrepreneurial infrastructure and R&D — are quickly becoming hotspots for international talent. If we are to remain competitive and at the forefront of innovation, it is essential that policymakers reform immigration law so entrepreneurs can have access to the opportunities and talent they need to launch and grow their businesses in the U.S. instead.
Startup News Digest 07/16/21
The Big Story: As Congress pushes ahead on infrastructure, startups stand to gain. Congress has the chance to move the ball forward on an infrastructure package that if passed, would provide billions of dollars for several categories of infrastructure, including roads and bridges, electric vehicles, cybersecurity, and broadband—a major win for startups.
Startup News Digest 07/09/21
As Deadline Looms, Student Debt Reform is Critical for a Boost in Entrepreneurship
Lawmakers and borrowers are pushing for further student loan relief, as the October 1 date approaches for the resumption of loan payments. Borrowers continue to assert that they are not yet in a place to make payments, which were paused interest free throughout the pandemic. And while the Biden administration has repeatedly argued for student debt forgiveness and fixes to the system, little progress has been made since he took office.
Startup News Digest 07/02/21
The Big Story: Global leaders land on tax deal that would create certainty for tech. Negotiations on a global tax regime came to a close on Thursday, with 130 countries and jurisdictions—including India, China, and Switzerland—agreeing to a deal supported by U.S. policymakers and technology companies that targets the world’s largest companies.
Proposals to Change Copyright Law: What Do They Mean for Startups?
Every day, people use the Internet to create and share content with others across the globe—and those users, and the Internet companies they rely on, each depend on a copyright framework some policymakers are looking to change. Specifically, a few members of Congress indicated they may be willing to re-open Section 512 of the Digital Millennium Copyright Act (DMCA). Unfortunately, the policy debate mostly revolves around large companies—both big tech companies and Internet platforms as well as large rightsholders in traditional content industries, like mainstream music or movies. But this area of the law is critical to all types of companies, Internet users, and creators. This post attempts to unpack some recent proposals, in an effort to help more stakeholders—especially tech startups—understand what is happening.
Startups Need Congress to Focus on Balance, Quality, and Inclusion When It Comes to IP
In letters this week to key congressional panels, Engine outlined startup-forward principles and priorities that we hope will guide Congress’s work on patent and copyright law this year. We wrote to the leaders of the Senate’s IP Subcommittee and the House Subcommittee on Courts, IP, and the Internet, encouraging each Subcommittee to promote and preserve balanced IP frameworks, emphasize patent quality, stress modernization, and advance diversity and inclusion.
Engine Releases Startup Agenda 2021
It may sound like a cliched talking point, but it’s true—small businesses are the lifeblood of the U.S. economy. And that includes the small businesses of the technology sector, the thousands of innovative, tech-enabled, high-growth companies across the country that make up the U.S. startup ecosystem.
Engine Asks Biden-Harris Team to Consider Startups When Naming Next USPTO Director
In a letter to President-elect Joe Biden and Vice President-elect Kamala Harris, Engine outlines principles we hope will guide the incoming administration’s selection of the next director of the U.S. Patent and Trademark Office (“USPTO”). The full text of our letter is below.
Statement on the Digital Copyright Act
The Digital Copyright Act of 2021 from Sen. Thom Tillis (R-N.C.) proposes changes to copyright law that would be bad for startups that host user-generated content and the everyday Internet users and Internet-enabled creators they serve. As currently drafted, the bill would disrupt a statutory framework at the foundation of innovation, creative expression, and economic growth that would not have been possible twenty-five years ago.
Statement on the CASE Act’s inclusion in the omnibus spending bill
We are disappointed by Congress’s decision to include controversial copyright legislation in the must-pass omnibus spending bill. As Engine and several smaller Internet platforms expressed earlier this month, “the CASE Act—as currently drafted—will be fundamentally unfair to and create substantial confusion for” everyday Internet users, small businesses, and Internet-enabled creators across the country. That bill would create an extra-judicial board where certain copyright holders could seek substantial damages—up to $30,000—over alleged copyright infringement.
Engine Asks Supreme Court To Ensure That the Patent Review Process Remains Available To Startups
Engine and the Electronic Frontier Foundation submitted an amicus brief to the U.S. Supreme Court this week in United States v. Arthrex Inc. asking the Court to reconsider a Federal Circuit decision last year that found that administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) were unconstitutionally appointed.
Engine Submits Comments To USPTO on Proposed Changes That Would Weaken Patent Review
Engine submitted comments to the U.S. Patent and Trademark Office this week in response to the agency’s request for comment concerning the exercise of discretion to deny inter partes review (IPR) petitions. IPR makes it easier for startups and other small businesses to push back against frivolous lawsuits brought by patent trolls, but the USPTO’s proposal would codify current policies and practices that weaken the patent review process. This would make it more difficult for startups to challenge low-quality patents and open the door to further abusive litigation.