Tag Archives: USPTO

The State of Science and Technology in Canada, 2012 report—examined (part 1: the executive summary)

In my Sept. 27, 2012 posting about its launch,  we celebrated the Council of Canadian Academies, The State of science and Technology in Canada, 2012 report unconditionally. Today (Dec. , 2012), it’s time for a closer look.

I’m going to start with the report’s executive summary and some of the background information. Here’s the question the 18-member expert panel attempted to answer,

What is the current state of science and technology in Canada?

Additional direction was provided through two sub-questions:

Considering both basic and applied research fields, what are the scientific disciplines and technological applications in which Canada excels? How are these strengths distributed geographically across the country? How do these trends compare with what has been taking place in comparable countries?

In which scientific disciplines and technological applications has Canada shown the greatest improvement/decline in the last five years? What major trends have emerged? Which scientific disciplines and technological applications have the potential to emerge as areas of prominent strength for Canada?  (p. xi paper, p. 13 PDF)

Here’s more general information about the expert panel,

The Council appointed a multidisciplinary expert panel (the Panel) to address these questions. The Panel’s mandate spanned the full spectrum of fields in engineering, the natural sciences, health sciences, social sciences, the arts, and humanities. It focused primarily on research performed in the higher education sector, as well as the government and not-for-profit sectors. The mandate specifically excluded an examination of S&T performed in the private sector (which is the subject of a separate Council assessment on the state of industrial research and development). The Panel’s report builds upon, updates, and expands the Council’s 2006 report, The State of Science and Technology in Canada. (p. xi paper, p. 13 PDF)

As I noted in my Sept. 27, 2012 posting, the experts have stated,

  • The six research fields in which Canada excels are: clinical medicine, historical studies, information and communication technologies (ICT), physics and astronomy, psychology and cognitive sciences, and visual and performing arts.
  • Canadian science and technology is healthy and growing in both output and impact. With less than 0.5 per cent of the world’s population, Canada produces 4.1 per cent of the world’s research papers and nearly 5 per cent of the world’s most frequently cited papers.
  • In a survey of over 5,000 leading international scientists, Canada’s scientific research enterprise was ranked fourth highest in the world, after the United States, United Kingdom, and Germany.
  • Canada is part of a network of international science and technology collaboration that includes the most scientifically advanced countries in the world. Canada is also attracting high-quality researchers from abroad, such that over the past decade there has been a net migration of researchers into the country.
  • Ontario, Quebec, British Columbia and Alberta are the powerhouses of Canadian science and technology, together accounting for 97 per cent of total Canadian output in terms of research papers. These provinces also have the best performance in patent-related measures and the highest per capita numbers of doctoral students, accounting for more than 90 per cent of doctoral graduates in Canada in 2009.
  • Several fields of specialization were identified in other provinces, such as: agriculture, fisheries, and forestry in Prince Edward Island and Manitoba; historical studies in New Brunswick; biology in Saskatchewan; as well as earth and environmental sciences in Newfoundland and Labrador and Nova Scotia.

The Council did release a backgrounder describing the methodology the experts used to arrive at their conclusions,

In total, the Panel used a number of different methodologies to conduct this assessment, including: bibliometrics (the study of patterns in peer-reviewed journal articles); technometrics (the analysis of patent statistics and indicators), an analysis of highly qualified and skilled personnel; and opinion surveys of Canadian and international experts.

• To draw comparisons among the results derived through the different methodologies, and to integrate the findings, a common classification system was required. The Panel selected a classification system that includes 22 research fields composed of 176 sub-fields, which included fields in the humanities, arts, and social sciences.

Recognizing that some measurement tools used by the Panel (e.g. bibliometric measures) are a less relevant way of measuring science and technology strength in the humanities, arts, and social sciences, where research advances may be less often communicated in peer-reviewed journal articles, the Panel made considerable attempts to evaluate measures such as books and book chapters, exhibitions, and esteem measures such as international awards. However, the Panel was hampered by a lack of available data. As a result, the information and data collected did not meet the Council’s high standards and was excluded from the assessment.

• The Panel determined two measures of quality, a field’s international average relative citations (ARC) rank and its rank in the international survey, to be the most relevant in determining the field’s position compared with other advanced countries. Based on these measures of quality, the

Bibliometric Analysis (the study of patterns in peer-reviewed journal articles)

• Bibliometric analysis has several advantages, namely, that it is built on a well-developed foundation of quantitative data and it is able to provide information on research productivity and impact.

• For this assessment, the Panel relied heavily on bibliometrics to inform their deliberations. The Panel commissioned a comprehensive analysis of Canadian and world publication trends. It included consideration of many different indicators of output and impact, a study of collaboration patterns, and an analysis of researcher migration. Overall, the resulting research was extensive and critical for determining the research fields in which Canada excels.

• Standard bibliometrics do not identify patterns of collaboration among researchers, and may not adequately capture research activity within an interdisciplinary realm. Therefore, the Panel used advanced bibliometric techniques that allow for the identification of patterns of collaboration between Canadian researchers and those in other countries (based on the co-authorship of research papers); and clusters of related research papers, as an alternative approach to assessing Canada’s research strengths.

Technometrics (analysis of patent statistics and indicators)

• Technometrics is an important tool for determining trends in applied research. This type of analysis is routinely used by the Organisation for Economic Co-operation and Development (OECD) and other international organizations in comparing and assessing science and technology outputs across countries.

• In 2006, the Expert Panel on Science and Technology used technometrics to inform their work. In an effort to ensure consistency between the 2006 and the 2012 assessments, technometrics were once again used as a measurement tool.

• The 2012 Panel commissioned a full analysis of Canadian and international patent holdings in the United States Patent and Trademark Office (USPTO) to capture information about Canada’s patent stock and production of intellectual property relative to other advanced economies. Canadians accounted for 18,000 patented inventions in the USPTO, compared to 12,000 at the Canadian Intellectual Property Office during the period 2005-2010.

Opinion Surveys

• To capture a full range of Canadian science and technology activities and strengths, two extensive surveys were commissioned to gather opinions from Canadian experts and from the top one per cent of cited researchers from around the world.

• A survey of Canadian science and technology experts was conducted for the 2006 report. In

2012 this exercise was repeated, however, the survey was modified with three key changes:

o respondents were pre-chosen to ensure those responding were experts in Canadian science and technology;

o to allow comparisons of bibliometric data, the survey was based on the taxonomy of 22 scientific fields and 176 sub-fields; and

o a question regarding the identification of areas of provincial science and technology strength was added.

• To obtain the opinions of international science and technology experts regarding Canada’s science and technology strengths, the Panel conducted a survey of the top cited one percent of international researchers. Over 5,000 responded to the survey, including Canadians. This survey, combined with the results from the bibliometric analysis were used to determine the top six fields of research in which Canada excels.

..

Research Capacity

• The Panel conducted an analysis related to Canadian research capacity. This analysis drew evidence from a variety of sources including bibliometric data and existing information from publications by organizations such as the OECD and Statistics Canada.

• The Panel was also able to look at various Canadian research capacities which included research infrastructure and facilities, trends in Canada’s research faculty and student populations, the degree of collaboration among researchers in Canada and other countries, and researcher migration between Canada and other countries.

To sum it up, they used bibliometrics (how many citations, publications in peer-reviewed journals, etc.), technometrics (the number of patents filed, etc.), and opinion surveys, along with data from other publications. it sounds very impressive but I am wondering why Canada is so often unmentioned as a top research country in analyses produced outside of Canada. In the 2011 OECD (Organization for Economic Cooperation and Development) Science, Technology, and Industry scorecard, we didn’t place all that well according to my Sept. 27, 2011 posting,

Other topics were covered as well, the page hosting the OECD scorecard information boasts a couple of animations, one of particular interest to me (sadly I cannot embed it here). The item of interest is the animation featuring 30 years of R&D investments in OECD and non-OECD countries. It’s a very lively 16 seconds and you may need to view it a few times. You’ll see some countries rocket out of nowhere to make their appearance on the chart (Finland and Korea come to mind) and you’ll see some countries progress steadily while others fall back. The Canadian trajectory shows slow and steady growth until approximately 2000 when we fall back for a year or two after which we remain stagnant. [emphasis added here]

Notably, the 2012 State of Canadian Science and Technology does not mention investment in this sector as they do in the OECD scorecard and  even though that’s usually one of the measures for assessing the health of your science and technology sector.

For reasons that are somewhat of a mystery to me, the report indicates dissatisfaction with Canada’s patent performance (we don’t patent often enough),

In contrast to the nation’s strong performance in knowledge generation is its weaker performance in patents and related measures. Despite producing 4.1 per cent of the world’s scientific papers, Canada holds only 1.7 per cent of world patents, and in 2010 had a negative balance of nearly five billion dollars in royalties and licensing revenues. Despite its low quantity of patents, Canada excels in international comparisons of quality, with citations to patents (ARC scores), ranking second in the world, behind the United States. (p. xiii print, p. 15 PDF)

I have written extensively about the problems with the patent system, especially the system in the US, as per Billions lost to patent trolls; US White House asks for comments on intellectual property (IP) enforcement; and more on IP, in my June 28, 2012 posting and many others. As an indicator or metric for excellence in science and technology, counting your patents (or technometrics as defined by the Council of Canadian Academies) seems problematic. I appreciate this is a standard technique practiced by other countries but couldn’t the panel have expressed some reservations about the practice? Yes, they mention problems with the methodology but they seem unaware that there is growing worldwide dissatisfaction with patent practices.

Thankfully this report is not just a love letter to ourselves. There was an acknowledgement that some areas of excellence have declined since the 2006 report. For those following the Canadian science and technology scene, it can’t be a surprise to see that natural resources and environmental science and technology (S&T) are among the declining areas (not so coincidentally there is less financial investment by the federal government),

This assessment is, in part, an update of the Council’s 2006 assessment of the state of S&T in Canada. Results of the two assessments are not entirely comparable due to methodological differences such as the bibliometric database and classification system used in the two studies, and the survey of top-cited international researchers which was not undertaken in the 2006 assessment. Nevertheless, the Panel concluded that real improvements have occurred in the magnitude and quality of Canadian S&T in several fields including Biology, Clinical Medicine, ICT, Physics and Astronomy, Psychology and Cognitive Sciences, Public Health and Health Services, and Visual and Performing Arts. Two of the four areas identified as strengths in the 2006 report — ICT and health and related life sciences and technologies — have improved by most measures since 2006.

The other two areas identified as strengths in the 2006 report — natural resources and environmental S&T — have not experienced the same improvement as Canadian S&T in general. In the current classification system, these broad areas are now represented mainly by the fields of Agriculture, Fisheries, and Forestry; and Earth and Environmental Sciences. The Panel mapped the current classification system for these fields to the 2006 system and is confident that the overall decline in these fields is real, and not an artefact of different classifications. Scientific output and impact in these fields were either static or declined in 2005–2010 compared to 1994–2004. It should be noted, however, that even though these fields are declining relative to S&T in general, both maintain considerable strength, with Canadian research in Agriculture, Fisheries, and Forestry ranked second in the world in the survey of international researchers, and Earth and Environmental Sciences ranked fourth.

I’m not sure when I’ll get to part 2 of this as I have much on my plate at the moment but I will get back to this.

*ETA July 1, 2016: Evidently I got to part 2 sooner than I planned. It’s in a second Dec. 28, 2012 posting.*

Free the nano—stop patenting publicly funded research

Joshua Pearce, a professor at Michigan Technological University, has written a commentary on patents and nanotechnology for Nature magazine which claims the current patent regimes strangle rather than encourage innovation. From the free article,  Physics: Make nanotechnology research open-source by Joshua Pearce in Nature 491, 519–521 (22 November 2012) doi:10.1038/491519a (Note: I have removed footnotes),

Any innovator wishing to work on or sell products based on single-walled carbon nanotubes in the United States must wade through more than 1,600 US patents that mention them. He or she must obtain a fistful of licences just to use this tubular form of naturally occurring graphite rolled from a one-atom-thick sheet. This is because many patents lay broad claims: one nanotube example covers “a composition of matter comprising at least about 99% by weight of single-wall carbon molecules”. Tens of others make overlapping claims.

Patent thickets occur in other high-tech fields, but the consequences for nanotechnology are dire because of the potential power and immaturity of the field. Advances are being stifled at birth because downstream innovation almost always infringes some early broad patents. By contrast, computing, lasers and software grew up without overzealous patenting at the outset.

Nanotechnology is big business. According to a 2011 report by technology consultants Cientifica, governments around the world have invested more than US$65 billion in nanotechnology in the past 11 years [my July 15, 2011 posting features an interview with Tim Harper, Cientfica CEO and founder, about the then newly released report]. The sector contributed more than $250 billion to the global economy in 2009 and is expected to reach $2.4 trillion a year by 2015, according to business analysts Lux Research. Since 2001, the United States has invested $18 billion in the National Nanotechnology Initiative; the 2013 US federal budget will add $1.8 billion more.

This investment is spurring intense patent filing by industry and academia. The number of nanotechnology patent applications to the US Patent and Trademark Office (USPTO) is rising each year and is projected to exceed 4,000 in 2012. Anyone who discovers a new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent that prevents others from using that development unless they have the patent owner’s permission.

Pearce makes some convincing points (Note: I have removed a footnote),

Examples of patents that cover basic components include one owned by the multinational chip manufacturer Intel, which covers a method for making almost any nanostructure with a diameter less than 50 nm; another, held by nanotechnology company NanoSys of Palo Alto, California, covers composites consisting of a matrix and any form of nanostructure. And Rice University in Houston, Texas, has a patent covering “composition of matter comprising at least about 99% by weight of fullerene nanotubes”.

The vast majority of publicly announced IP licence agreements are now exclusive, meaning that only a single person or entity may use the technology or any other technology dependent on it. This cripples competition and technological development, because all other would-be innovators are shut out of the market. Exclusive licence agreements for building-block patents can restrict entire swathes of future innovation.

Pearce’s argument for open source,

This IP rush assumes that a financial incentive is necessary to innovate, and that without the market exclusivity (monopoly) offered by a patent, development of commercially viable products will be hampered. But there is another way, as decades of innovation for free and open-source software show. Large Internet-based companies such as Google and Facebook use this type of software. Others, such as Red Hat, make more than $1 billion a year from selling services for products that they give away for free, like Red Hat’s version of the computer operating system Linux.

An open-source model would leave nanotechnology companies free to use the best tools, materials and devices available. Costs would be cut because most licence fees would no longer be necessary. Without the shelter of an IP monopoly, innovation would be a necessity for a company to survive. Openness reduces the barrier for small, nimble entities entering the market.

John Timmer in his Nov. 23, 2012 article for Wired.co.uk expresses both support and criticism,

Some of Pearce’s solutions are perfectly reasonable. He argues that the National Science Foundation adopt the NIH model of making all research it funds open access after a one-year time limit. But he also calls for an end of patents derived from any publicly funded research: “Congress should alter the Bayh-Dole Act to exclude private IP lockdown of publicly funded innovations.” There are certainly some indications that Bayh-Dole hasn’t fostered as much innovation as it might (Pearce notes that his own institution brings in 100 times more money as grants than it does from licensing patents derived from past grants), but what he’s calling for is not so much a reform of Bayh-Dole as its elimination.

Pearce wants changes in patenting to extend well beyond the academic world, too. He argues that the USPTO should put a moratorium on patents for “nanotechnology-related fundamental science, materials, and concepts.” As we described above, the difference between a process innovation and the fundamental properties resulting in nanomaterial is a very difficult thing to define. The USPTO has struggled to manage far simpler distinctions; it’s unrealistic to expect it to manage a moratorium effectively.

While Pearce points to the 3-D printing sector admiringly, there are some issues even there, as per Mike Masnick’s Nov.  21, 2012 posting on Techdirt.com (Note:  I have removed links),

We’ve been pointing out for a while that one of the reasons why advancements in 3D printing have been relatively slow is because of patents holding back the market. However, a bunch of key patents have started expiring, leading to new opportunities. One, in particular, that has received a fair bit of attention was the Formlabs 3D printer, which raised nearly $3 million on Kickstarter earlier this year. It got a ton of well-deserved attention for being one of the first “low end” (sub ~$3,000) 3D printers with very impressive quality levels.

Part of the reason the company said it could offer such a high quality printer at a such a low price, relative to competitors, was because some of the key patents had expired, allowing it to build key components without having to pay astronomical licensing fees. A company called 3D Systems, however, claims that Formlabs missed one patent. It holds US Patent 5,597,520 on a “Simultaneous multiple layer curing in stereolithography.” While I find it ridiculous that 3D Systems is going legal, rather than competing in the marketplace, it’s entirely possible that the patent is valid. It just highlights how the system holds back competition that drives important innovation, though.

3D Systems claims that Formlabs “took deliberate acts to avoid learning” about 3D Systems’ live patents. The lawsuit claims that Formlabs looked only for expired patents — which seems like a very odd claim. Why would they only seek expired patents? …

I strongly suggest reading both Pearce’s and Timmer’s articles as they both provide some very interesting perspectives about nanotechnology IP (intellectual property) open access issues. I also recommend Mike Masnick’s piece for exposure to a rather odd but unfortunately not uncommon legal suit designed to limit competition in a relatively new technology (3-D printers).

Vancouver (Canada)-based company, Lumerical Solutions, files patent on new optoelectronic simulation software

I’m not a huge *fan of patents as per various postings (my Oct. 31, 2011 posting is probably my most overt statement) so I’m not entirely thrilled about this news from Lumerical Solutions, Inc. According to the June 14, 2012 news item on Nanowerk,

Lumerical Solutions, Inc., a global provider of optoelectronic design software, announced the filing of a provisional patent application titled, “System and Method for Transforming a Coordinate System to Simulate an Anisotropic Medium.” The patent application, filed with the US Patent and Trademark Office, describes how the optical response of dispersive, spatially varying anisotropic media can be efficiently simulated on a discretized grid like that employed by finite-difference time-domain (FDTD) or finite-element method (FEM) simulators. The invention disclosed is relevant to a wide array of applications including liquid crystal display (LCD) panels, microdisplays, spatial light modulators, integrated components using liquid crystal on silicon (LCOS) technology like LCOS optical switches, and magneto-optical elements in optical communication and sensing systems.

The company’s June 14, 2012 news release includes this comment from the founder and Chief Technical Office (CTO),

According to Dr. James Pond, the inventor and Lumerical’s Chief Technology Officer, “many next generation opto-electronic products combine complicated materials and nano-scale structure, which is beyond the capabilities of existing simulation tools. Lumerical’s enhanced framework allows designers to accurately simulate everything from liquid crystal displays to OLEDs, and silicon photonics to integrated quantum computing components.”

Lumerical’s new methodology for efficiently simulating anisotropic media is part of a larger effort to allow designers the ability to model the optical response of many different types of materials.  In addition to the disclosed invention, Lumerical has added a material plugin capability which will enable external parties to include complicated material models, such as those required for modelling semiconductor lasers or non-linear optical devices, into FDTD-based simulation projects.

…  According to Chris Koo, an engineer with Samsung, “Lumerical’s latest innovation has established them as the clear leader in the field of optoelectronic device modeling.  Their comprehensive material modeling capabilities paves the way for the development of exciting new technologies.”

I wish the company good luck. Despite my reservations about current patent regimes, I do appreciate that in some situations, it’s best to apply for a patent.

For the curious, here’s a little more (from the company’s About Lumerical page),

By empowering research and product development professionals with high performance optical design software that leverages recent advances in computing technology, Lumerical helps optical designers tackle challenging design goals and meet strict deadlines. Lumerical’s design software solutions are employed in more than 30 countries by global technology leaders like Agilent, ASML, Bosch, Canon, Harris, Northrop Grumman, Olympus, Philips, Samsung, and STMicroelectronics, and prominent research institutions including Caltech, Harvard, Max Planck Institute, MIT, NIST and the Chinese Academy of Sciences.

Our Name

Lu.min.ous (loo’me-nes) adj., full of light, illuminated

Nu.mer.i.cal (noo-mer’i-kel) adj., of or relating to a number or series of numbers

Lu.mer.i.cal (loo-mer’i-kel) – A company that delivers inventive, highly accurate and cost effective design solutions resulting in significant improvements in product development costs and speed-to-market.

* June 15, 2012: I found the error this morning (9:20 am PDT) and added the word ‘fan’.