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ARTICLE · 08 JANUARY 2015

Not A Utility Patent, But A Patent Utility?

In a recent interview with The Washington Post, Jay Walker, founder of Priceline.com, has proposed a kind of neutral private-sector utility for the licensing of patents.

CanadaLitigation, Mediation & Arbitration

In a recent interview with The Washington Post, Jay Walker, founder of Priceline.com, has proposed a kind of neutral private-sector utility for the licensing of patents.

He argues that "We have spent trillions of dollars inventing things and 95 to 98 percent of all patents have yet to make their first dollar of licensing revenue".

Take a small or medium-sized business as an example, let's call it SME Corp. SME Corp. would use this so-called patent utility to create a profile of the specifications of its own products and services. The utility would contain a complete database of the over 2 million active patents in the USPTO, and would then apply "Big Data algorithms" to measure the specifications of SME Corp.'s products and services against the patent database. This method (which would presumably be patented by Mr. Walker) would identify "statistical relevance" between the products and services of SME Corp. and the claims in the patent database. From Mr. Walker's

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