Futures-Diagnosis

Diagnosing the future of the Internet and innovation and their social impact

GOOGLE PATENTS AND THE DEATH OF INNOVATION

“Motorola has a strong patent portfolio which will help protect Android from anti-competitive threats from Microsoft, Apple and other companies,” Larry Page, CEO of Google told reporters and analysts during a conference call the day Google announced its $12.5bn acquisition of Motorola Mobility.

While Google executives played down the argument that patents were the primary motivation, the cat was out of the bag. Google, like Apple, Microsoft and Research in Motion has fuelled a technology Bull market as the pursuit of patents as a defensive end in themselves has really taken off in recent months – in July a consortium fo these players paid $4.5bn for 6,000 patents from the now liquidated Nortel Networks.

This latest patent hoarding – substantially added to by Google’s acquisition of Motorola’s 17,000 patents – has reaffirmed a point I made in one of the first posts I wrote to this blog in September 2009 titled ‘Patent Pragmatism: A Threat to R&D and Innovation’  which argued that patents had become ends in themselves, rather than as part of the realisation of innovation. Now Google, one of the few companies innovation adherents have pointed to as a beacon of innovation, has joined the bandwagon of accumulating patents as a defensive strategy.

THREATENING THE FOUNDATIONS OF INNOVATION

Although some of the recent patent hoarding activity can be put down to some high-profile court battles (Apple versus Samsung, Oracle versus Google over Android royalties, Microsoft suing Motorola) the secular trend is to treat patents as a short-term defensive hedge against countersuits. Patents are increasingly being seen as a way the legal system can be used to threaten competitive rivals and extract concessions.

The focus on the present is bad enough. But what is worse is that many of these patents include ‘foundational’ technologies – basic innovations that all subsequent similar devices would have to rely upon – which are used to secure market positions. In fact, for the past ten years the large technology vendors have been pursuing this strategy by securing the most patents.

Intellectual property is being used as a legal weapon in the battle to maintain market share and the real loser is the innovation pool. The ease with which patents are being granted has only fuelled this zero-sum game. Patents have truly become an end in themselves rather than a means to innovation.

There has been some recognition of the danger of this. On 8 September, the US Congress passed the America Invents Act which aims to make the patent application process more efficient as well as providing increased funds to the overstretched US Patent and Trademark Office (USPTO). The act which President Obama is expected to sign into law means the US will use a ‘first to file’ system rather than ‘first to invent’ system for registering patent applications.

While this will bring the US into line with other developed countries, the overall defensive pursuits of patents could incentivise an even greater rush to accumulate foundational patent portfolios. David Hsu, a management professor at Wharton asks a key question: ‘Will people have the incentive to innovate if they aren’t given patent protection?’  Kevin Werbach, a legal studies and business ethics professor also at Wharton, building on Hsu’s concerns makes the following key points:

‘If you tweak any complex system, it becomes a design exercise in incentives. You have to start with the question of what incentives the system is designed to create. Obviously you want to promote innovation…the reality is patents operate differently in various contexts…’  (Ref)

The context is precisely the problem: short-term pragmatism where patent hoarding is being used to defend market positions means the incentive is to accumulate foundational patents as an end rather than as the basis of promoting innovation. The new law will only increase the number of patents being applied for while the legal strictures these embody will inevitably narrow the field for innovation even further. As Google’s behaviour already confirms, we are witnessing the institutionalisation of patent instrumentalism and the de-incetivisation of innovation.

Filed under: Economics of Innovation, Innovation, ,

Google: a data-liberation army?

See my article on Google and China just published on spiked.

Filed under: Authority, Trust, ,

ERIC SCHMIDT’S ‘INNOVATION DEFICIT’ RECIPE DEFICIENT

Eric Schmidt, CEO of Google published an article on Tuesday in the Washington Post  titled ‘Erasing our innovation deficit’ in which he argues for a fundamental rethink of America’s innovation model.

Schmidt’s concerns appear to be motivated by his observation that much of the cutting-edge research and development in key areas such as renewable energy now takes place outside the United States. His fear is that there is now a ‘real chance that the “green Silicon Valley” will take root in Germany or China’. This he argues America cannot afford to let happen.

There is truth in this observation as I have noted in previous posts about the nature of the R&D taking place in Asia. And there is much to agree with in his call for ‘encouraging risk-taking’ and tolerating ‘failure — provided we learn from it’. One of the key principles in the Big Potatoes Manifesto argues for precisely this approach. But there are some assumptions in his piece that are debatable if not plain wrong. The most glaring contradiction is his appeal for openness and data sharing and bottoms up innovation…provided this happens in American not Asia.

Coffee shops vs big corporate labs

In arguing for an overhaul of America’s innovation model, Schmidt makes the same point as many others about open innovation and the impact of the Internet. He argues as follows:

‘We can no longer rely on the top-down approach of the 20th century, when big investments in the military and NASA spun off to the wider economy. Now that the Internet has put abundant information and powerful tools in everyone’s hands, innovation is often driven from the bottom up. The ideas that power our next generation of growth are just as likely to originate in a coffee shop as in the laboratory of a big corporation’.

It is certainly true that the Internet and the greater availability of data has enormous potential for the kind of collaboration that may result in breakthrough innovations in the future. But what he fails to point account or even credit, is that today’s bottom up philosophy exists because of the very top down investment Schmidt now considers outdated. Indeed, Google would not exist if it were not for this past investment and approach. That is not to say that history must necessarily repeat itself. But to dismiss this or to counterpose this to coffee shop collaboration is to throw the baby out with the bath water.

What makes bottom up innovation more a possibility today is the legacy of yesterday’s top down R&D models which are now dismissed as old-fashioned. This is historic myopia because we are now living off that legacy with no clear replacements available.

Yesterday’s top down approach was critical for providing the context within which breakthrough innovations took place – from corporate labs to garage inventors. President Kennedy’s pledge to put a man on the moon, ‘because it is difficult’, created the context within which big ideas, risk taking, solving new problems, discovering new fields of science and knowledge became a legitimate and honourable pursuit – a pursuit, it should be noted, which required expertise, systematic application, long-term resources, experimentation and yes, a culture of failure. This inspired generations of young people to study mathematics, physics, chemistry and computer science.

The problem Schmidt evades is that this is very unlikely to happen in corporate labs today, because they are subject to a more risk-averse and short-term financial instrumentalism that constrains what is possible.

Its the context, Eric

An innovation model requires an innovation context. This is precisely what is missing from today’s debate about innovation. The problem with American innovation is that it now takes place within a cultural context which is driven by short-term market instrumentalism, is risk averse and above all, defined by limits that are no longer challenged. The kitchen table innovator and the researcher in the corporate labs of tomorrow (those that still remain, that is) will be condemned to dabble within this culture of limits. The result in both cases will be a race to the bottom rather than a struggle to the top.

How to take advantage of the collaborative resource we have at our finger tips while raising expectations, ambitions and challenging our risk averse culture of limits seems to be the real challenge which Schmidt only partially focuses on. This will not happen spontaneously. It requires leadership and heretically Big Ideas. Without that a government ‘wikipedia of idea’, as Schmidt demands, will only reinforce the narrow scope of contemporary efforts, expectation and ambition…and keep out the Chinese? Not very open Mr Schmidt.

Filed under: Innovation, , ,

NEXUS, SHMEXUS! YOU CANNOT BE SERIOUS!!!

I was hoping to start posting in the New Year with something positive in the hope that the innovation landscape of 2010 would improve. But alas, experience has triumphed once again  over hope.

Things started looking up with the opening of the Burj Khalifa, the world’s tallest building which opened with a dramatic fireworks ceremony in the Gulf emirate of Dubai yesterday. At last, I thought, a project which re-establishes ambition in architecture and contains some construction innovations which will impact construction in the years ahead.

Then there was the astonishing announcement as reported on the BBC that Nasa’s Kepler Space Telescope had detected its first five exoplanets, or planets beyond our Solar System. Aha, I thought, perhaps mankind’s ambition to explore and experiment beyond the known world will take a turn outwards…

Then there was the hullabaloo around Google’s announcement of its new handset, Nexus One . And as they say, things fell apart. Just a cursory examination of Nexus One coming from what has been one of the most innovative and dynamic companies in the world reveals that we’re still in the innovation doldrums.

An ‘i-Phone’ with half the battery life

Nexus One is simply a poor clone of the i-Phone with some incremental improvements and one notable shortcoming – battery life. The Nexus One comes equipped with a five-megapixel camera and a flash for taking shots in dark environments. (The 3G S i-Phone only has a three-megapixel camera and no flash). So the Nexus has a light sensor designed to detect how bright an environment is enabling the device to adjust its screen brightness accordingly, to save battery life, which is a very necessary capability given the remarkable fact that the Nexus One has half the battery life capacity of the i-Phone – which has always been the i-Phone’s achilles heel.

Of course one can discuss Android and the open ecosystem Google are building which will certainly triumph Apple’s closed system in the long-term. And there are many things to speculate about in terms of future business models.

But at the most basic level there is a fundamental question: Why does a company like Google not invest in research to help solve the achilles heel of all mobile communications: namely, short battery life?

What Goolge have signalled with Nexus One is that they are followers rather than leaders in the mobile communication space. More importantly, they are not solving key user problems but are thinking about their business models and focusing on their competitors instead.

The i-Phone at least transformed the mobile communication user interface by introducing an effective touchscreen and a navigation system that is instinctive and simple to use. Nexus One has not advanced this nor any other dimension of the user experience. While the device can be bought unlocked, the telephony experience at the heart of the device still remains tied to the existing mobile operator’s capabilities – capabilities that have not altered the communications experience in any significant way for the past Century.

From what I can tell from the launch as described by the Washington Post , the only really innovative thing was the Google demonstrators who appear to have been wearing white lab coats (see the photo gallery here). Cute indeed, but worrying. The biggest concern is that Nexus One represents Google’s descent into mediocrity, dressed up in white lab coats, but mediocre nevertheless.

The innovation prospects for 2010 are looking slim I’m afraid.

Filed under: Innovation, R&D and Innovation, ,

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