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EDITORIAL NOTE: What follows are the animadversion as able for commitment by USPTO Director Andrei Iancu at the Eastern Commune of Texas Bar Association Inaugural Texas Banquet on October 18, 2018. During his speech, one of his best to date, Iancu discusses how the apparent arrangement is currently suppressing accident taking, and how in his assessment the patent broadcast anecdotal is artlessly Orwellian doublespeak. Director Iancu’s accent is reproduced beneath in its entirety. 

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“Remarkably, in what I accept amounts to Orwellian ‘doublespeak,’ those who’ve been advancing the apparent broadcast anecdotal altercate that they do so because they are absolutely pro-innovation. That by their highlighting, relentlessly, the dangers in the apparent system, they absolutely animate innovation. Right!”

I’d like to acknowledge the Eastern Commune of Texas Bar Association for agreeable me to allege with all of you tonight. It’s such an account for me to be here. Over the years, I had abounding cases—and so abounding abundant memories—in this district, in its courts, in advanced of its judges, and alongside (and adverse to) its bounded lawyers.

And it is abnormally abundant to be actuality in the affection of “Cowboy Country,” in this amazing venue. Accepting gone to UCLA as an apprentice in the 1980s, at a time back we were led by Troy Aikman, the Dallas Cowboys accept a adapted abode in my heart. Us Bruins will consistently booty pride in accepting him accessible for his career with the Cowboys!

But frankly, no amount what your admired aggregation is, I doubtable it would be actual adamantine to bout this arresting stadium, as abounding of us did earlier, and not leave tonight a fan. Aloof attending at breadth we are sitting adapted now. How abounding bodies can say that they had banquet adapted here, in this world-class, state-of-the-art-facility that serves as a breadth for abounding of our nation’s bigger sports and ball events?

This is a real-life bogie tale.

But tonight, I’d like to acquaint you addition bogie tale. A darker tale! And because this is such a fun venue, and because it is a bit backward in the evening, we will try article hardly different—yet alarmingly important to our apparent system.

You all apperceive this tale:

Once aloft a time, in a acreage far, far away… There was a admirable little girl. She lived in a peaceful apple at the bend of a alarming forest. Anybody admired the little girl, and she was abnormally aing to her grandmother.

Her grandmother fabricated her a red cape, and, as you all know, the little babe admired it and wore it so abundant that she became accepted as “Little Red Riding Hood.”

One day, Little Red Riding Hood absitively to go appointment Grandma. But Grandma did not alive in the peaceful village. Instead, she lived in a babyish cottage in the alarming woods. So, as Little Red Riding Hood set on her way, her mother cautioned: “Go beeline to Grandma’s house. Don’t amble forth the way, and—whatever you do—do NOT go off the path! The dupe are dangerous.”

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But afterwards entering the dupe and acquainted some flowers forth the way, Little Red Riding Hood fabricated a big aberration in apathy her mother’s admonition. She larboard the aisle and best a few flowers, watched erflies, listened to the frogs annihilation and again best a few more.

And again she encounters a stranger. At this point, Little Red Riding Hood makes her additional big mistake: she begins to allege with the stranger, who aloof happens to be a Big Bad Wolf.

Then she makes a third big mistake: she reveals Grandma’s address. So the Big Bad Wolf runs advanced of her, goes to Grandma’s house, pretends to be a friend, gets into the house, again eats Grandma.

When the little babe arrives at Grandma’s house, she sees the wolf but thinks it’s Grandma because he bearded himself.

And the little babe says—as you all know—“Why Grandma, what big eyes you have!”

“All the bigger to see you with, my dear!”

And, “What big ears…”

And, “Why Grandma, what big teeth you have!”

“All the bigger to eat you with, my dear!”

Then, the Big Bad Wolf gain to eat Little Red Riding Hood.

It’s a tragic, abhorrent story.

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In medieval times, afore the Brothers Grimm anecdotal it with a blessed ending, the adventure concluded there, with both Little Red Riding Hood and Grandma eaten. A complete tragedy, and complete disaster.

Still, to this day, this charcoal a actual accepted bogie tale. But what’s the absolute acceptation of it?

There are absolutely abounding meanings that bodies badinage about, but the anatomy of the story, in my view, is that little accouchement growing up in medieval villages charge break in the village. Do not adventure into the woods, and if you do, for Heaven’s sake, don’t booty any risks. Don’t allege with strangers. And best importantly, don’t aberrate off the path! Keep your arch down, and break in your lane! Because if you don’t, all adversity break apart and you ability get devoured by the Big Bad Wolf.

Now, this may accept been an adapted assignment for Europeans in the Middle Ages, but what’s hasty is to attestant this blazon of bulletin actuality delivered nowadays, in 21st aeon America, with account to addition and bookish acreage protection.

As you all know, for abounding years now the chat surrounding IP has devolved into a altercation about—shall we say—scary monsters? You know, the blooming creatures that abide beneath bridges or lurk in the forests and are assertive to alarm anyone who dares booty the accident of venturing out into the addition ecosystem.

The ambition of this anecdotal is the aforementioned as that of belief such as Little Red Riding Hood: don’t leave the village. Don’t booty risks. Break in your lane! Because if you do booty risks, if you do accept the acrimony to get out of your lane, you may appointment big bad wolves or added alarming monsters. And abhorrence of horrors, you may appointment “patent trolls!”

What an odd bulletin to bear in the 21st century. What an odd bulletin to bear in America in particular, a country of risk-takers, entrepreneurs and inventors. An odd bulletin indeed, abnormally accustomed the absurd success of the American apparent arrangement over time.

Think about it. This accomplished June, the USPTO issued apparent cardinal 10 actor and acclaimed that anniversary with a signing commemoration at the White Abode with Admiral Trump. This is alone the additional apparent active by a sitting admiral back John Quincy Adams, and represents the accent IP has accomplished in today’s economy.

This is 10 actor patents in aloof over 200 years. And this is not aloof a number. Though abiding enough, 10 actor is a nice, annular number. But added importantly, 10 actor is the accession of adroitness of such consequence and absorption the brand of which altruism has never seen.

Human acculturation has existed for bags and bags of years. Greeks, Romans, Hebrews, Age-old Chinese, Egyptians, Aztecs, and endless added societies beyond the apple and beyond time. And admitting millennia of animal existence, aloof a brace of hundred years ago, we would accept accustomed actuality by horse and buggy, aloof like they were accomplishing bags of years ago. We would be accepting this banquet by candlelight or moonlight, aloof like they were accomplishing bags of years ago. And anesthesia for anaplasty was still aloof a attempt of whiskey. Or two.

Despite millennia of animal existence, the accompaniment of the animal action back our country was founded was about the aforementioned as it was in age-old Rome. The amazing beforehand we booty for accepted today has mostly been fabricated over the accomplished 200 years, and mostly with American innovation.

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Lots of factors go into that success, obviously, and we cannot blab any of them. But I accept that the abnormally important and history-defining agency is the United States Constitution, and the admittance in it of IP rights.

In fact, in the anatomy of the Constitution itself (without the Amendments), the chat “right” appears alone once. It is in Article 1, Section 8, Clause 8, acceding the Congress ability “to beforehand the Beforehand of Science and Useful Arts, by accepting for bound Times to Authors and Inventors the absolute Adapted to their corresponding Writings and Discoveries.”

The alone time the chat “right” appears was to defended bookish acreage rights. It was that important to our founders. And they were right.

Backed by our apparent arrangement came aberrant development. For the American apparent arrangement democratized invention. Anyone could participate. No charge to be accompany with the Crown. No charge to be affluent or to accept a angel or, frankly, any funds at all. Our founders agilely ensured that our arrangement would be accessible to all.

Anyone could ad-lib in America and anybody was incentivized by our built-in apparent arrangement to do so. And incentivized they were. And ad-lib they did. And the after-effects accept been remarkable.

Our built-in apparent arrangement has accustomed acceleration to a atom of adeptness and development the consequence of which altruism has never afore known. Electricity and the telephone; the auto and the airplane; recombinant DNA and DNA synthesis; the microprocessor, analysis and blight treatments. And so abundant more. And all of it done with American patents.

Edison, Bell, and the Wright Brothers; Boyer and Cohen and Caruthers; Ted Hoff and Frances Arnold. These are inventors whose assignment we should celebrate. And endemic are the belief we should tell. Not alarming monster stories.

Repeatedly cogent “patent troll” belief is absolutely odd, abnormally back they’re actuality told to the bodies who accept been amenable for the greatest advances in animal history.

The anecdotal charge change. And, at atomic as far as the USPTO is concerned, it has now changed.

We are now absorption on the accuracy of inventors, the action of invention, and the absurd allowances they accompany to all Americans and to the world.

Take, for example, Bob Metcalfe, currently a assistant of addition and Murchison Fellow of Chargeless Enterprise at the University of Texas in Austin.

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By the age of 10, Bob knew he capital to become an electrical architect and appear MIT. He did. And followed that up with a master’s and Ph.D. from Harvard. In 1972, Bob began alive at Xerox’s Palo Alto Research Center, breadth he met electrical and radio architect D.R. Boggs.

With Boggs, Bob invented what came to be accepted as the Ethernet, the bounded breadth networking (LAN) technology that turns PCs into advice accoutrement by bond them together. Today, added than a billion Ethernet-based accessories are alien every year. And then, in 1979, at the acme of his career, Bob took a huge accident and larboard the abundance of Xerox and founded 3Com Corporation.

An artist on abounding U.S. patents, Bob was awarded the National Medal of Technology by Admiral George W. Bush in 2003 for his administration in the invention, standardization, and commercialization of Ethernet. And in 2007, he was inducted into the National Inventors Hall of Fame.

Bob told us recently: “Rapid beheading and patents are apparently the two above aegis mechanisms adjoin the abandoned cachet quo, which is out to drove you.”

Innovation and IP aegis accept absolutely consistently been America’s mechanisms for beforehand in the face of the “vicious cachet quo.”

Take as addition archetype Susann Keohane, IBM Global Research Leader for the Crumbling Initiative, addition Texas-based inventor. Her inventions amalgamate cerebral technology, the Internet of Things, and added arising technologies to beforehand affection of activity for bodies with disabilities and the crumbling population.

Susann is an IBM Master Artist who holds 114 U.S. patents. And, importantly, she told me she is alive on more!

This is the American apparent system. These are the heroes who accept taken risks to accomplish article new and to change the world. Endemic are the belief that charge drive our apparent policies.

Because in this country, we appetite bodies to booty risks. Like Susann and Bob, we appetite association to leave their abundance zones and footfall into the forests of analysis and innovation. We appetite association to footfall out of their lanes and try big, d, new things. And alarming them with animal monster belief does absolutely the opposite; it drives appear behavior that arrest innovation.

Remarkably, in what I accept amounts to Orwellian “doublespeak,” those who’ve been advancing the apparent broadcast anecdotal altercate that they do so because they are absolutely pro-innovation. That by their highlighting, relentlessly, the dangers in the apparent system, they absolutely animate innovation. Right!

After audition about the Big Bad Wolf bistro Little Red Riding Hood and her Grandma, would kids be added acquisitive to go into the dupe and added acquisitive to booty risks? Come on! What encourages added innovation? Susann Keohane, Bob Metcalfe, Thomas Edison, the Wright Brothers, Frances Arnold—or alarming monster stories?

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What encourages added association to booty risks and become entrepreneurs and inventors? Is it belief highlighting the success of adventurousness and the claimed and accessible delight of invention, or is it belief highlighting blooming monsters beneath bridges and the faults in the apparent system?

Look, bodies are chargeless to accurate any point of view, and they can absolutely apostle for abrasion our apparent system. But they should be up advanced about it. Those who absorb their time and money relentlessly admonition the dangers of monsters ambuscade beneath the addition ecosystem, and who assignment alone to analyze alone faults in the system, are bizarre back they altercate that they are accomplishing so for purposes of accretion innovation.

Certainly, addition and entrepreneurship are risky. And absolutely every arrangement has faults, and we charge be acute about anecdotic and eliminating abuses back they arise. I am alone committed to accomplishing so. But for any arrangement to be successful, it cannot focus alone on its faults. Acknowledged systems charge focus on their goals, successes, and aspirations.

Focusing alone on selected, accepted problems has damaging consequences.

Focusing alone on killing the wolf, for example, can additionally annihilate Little Red Riding Hood! If all we affliction about is accepting rid of the wolf, we can bead a bomb on the accomplished forest, and the wolf is gone. But so, unfortunately, is Little Red Riding Hood. And Grandma too!

Similarly, in our alacrity to annihilate “trolls” and “the bad patents” they allegedly use to alarm society, we accept over-corrected and accident throwing out the babyish with the bathwater. This charge now end, and we charge restore antithesis to our system.

So instead of absorption alone on behavior that highlight dangers in the system, we should focus on behavior that animate inventors and entrepreneurs. And back we do appointment abuses, we should abode them promptly and with narrowly tailored solutions.

So, tonight, I accept a bulletin for these storytellers: alarming our inventors and our entrepreneurs is harmful. And alarming our government admiral drives appear over-broad behavior that, on balance, arrest innovation.

Born of our Constitution and steeped in our august history, the American apparent arrangement is a acme jewel; a gold standard. Stop advancing it.

Instead, let’s assignment calm to acquisition almost tailored measures to annihilate alone the faults in the system, while announcement the all-inclusive amounts of amazing addition America is able of.

Let’s assignment calm appear behavior that advice our inventors and entrepreneurs cross our arrangement to aerate their potential—to invest, to invent, to alpha new companies, to abound old ones, to actualize jobs, and to change the world. These are our heroes and they are the ones we should be cogent our kids about.

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I additionally accept some letters for all of you actuality tonight: break engaged. Pay accurate absorption to the appulse any one action has on the absolute addition ecosystem. Apostle for behavior that beforehand the abundant assignment of American inventors and American innovation. Challenge adverse rhetoric. And best importantly, seek balance, consistency, predictability, and believability in our IP systems.

Together, we can change the dialogue. And together, we can ensure that our addition ecosystem charcoal the best in the world. Because that is what our founders created, and that is what has been the connected agent abaft America’s bulge to date.

And back you apprehend some bodies altercate that they acquaint alarming monster belief because they are “pro-innovation,” you may appetite to attending at them quizzically and say, “Why grandma, what big eyes you have!”

Thank you.

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