〈日本知財学会誌〉Vol. 16 No. 3― 2020 : 54 61-

Intellectual Property and Innovation—
The Key to Sustainable Economic GrowthDavid J. Kappos (Partner, Cravath, Swaine & Moore LLP)
Ryan J. Wichtowski (Associate, Cravath, Swaine & Moore LLP)

【Abstract】 The world is at an inflection point. New technologies are leading society through the fourth industrial
revolution, yet millions of people do not have reliable access to clean drinking water. For society to ameliorate theworld’s qualms while enjoying economic prosperity, it must adopt a new definition of the phrase “sustainable growth”̶adefinition that is inclusive of both economic and societal sustainability. This paper provides such a definition and thenidentifies intellectual property dependent programs, standards and technologies that are already helping society achievesustainable growth. As long as society continues to champion the strong and balanced intellectual property rights thatenable these programs, standards and technologies to succeed, one cannot help but get excited for the prospect ofworldwide sustainable growth.
【Keywords】 sustainable growtheconomic sustainability
rightsstandards
blockchain1.

societal sustainability

intellectual property

able growth” and then outline how innovators can cre-

Introduction

ate sustainable growth in tomorrow’s world using
technologies and programs existing today.

This is an important time for our planet and for theadvancement of the human condition.
is at an inflection point.

Today’s world

It has entered the fourth in-

To begin,

this paper will provide a definition of the phrase “sustainable growth” that is inclusive of both economic andsocietal sustainability.

Then, it will examine the con-dustrial revolution—a potentially tremendous era ofnection between intellectual property rights (“IPRs”)

economic growth spurred by the ability to integrate

and the Sustainable Development Goals (“SDGs”) set

useful technology into every aspect of modern life.

forth in Resolution 70/1 of the United Nations General

Yet, over 800 million people worldwide still do not

Assembly. An overview of SDGs will lead to a review

have reliable access to clean drinking water and 2.6 bil-of historical and currently running programs involving

lion people still must face the darkness of night with-sustainability, including the Eco-Patent Commons, the1

These are big prob-

Climate-Patent Acceleration Program, the Patents for

But, they are also big opportunities for sustain-

Humanity program and others that are already reshap-

able growth as we fuel the impending technologicaling our world. Discussion of these programs will leadrevolution.

to consideration of the crucial importance of standards

out the security of electric light.
lems.

This paper will provide a new definition of “sustain-54

in achieving sustainable growth.

Lastly, this paper

ISSN 1349-421X

All rights reserved.

© 2020IPAJThis article is based on a speech given by David Kappos in December 2018 at the International Conference“Role of Intellectual
Property System and University-Industry Cooperation for Sustainable Economic Growth,”the 200th Memorial Meeting of theSociety for Management of Intellectual Properties (Smips) at National Graduate Institute for Policy Studies (GRIPS).

＊Intellectual Property and Innovation—The Key to Sustainable Economic Growth

will conclude by discussing blockchain’s tremendous

tionally conflate the two definitions of sustainability

potential to play a positive role in sustainable growthwhen discussing sustainable growth.

and the major policy and legal issues that must be resolved to achieve this growth.

2.

Defining“Sustainable”

3.

IPRs and SDGs

It is crucial to have a clear understanding of what
constitutes sustainability when speaking about sustain-

The word “sustainable” has two overlapping but distinct definitions.

The first is “capable of being sus2

able growth.

Fortunately, the United Nations alreadyproduced a comprehensive picture of sustainabilityThiswhen it published Resolution 70/1 of the United Nations

is the definition that comes to mind when speaking

General Assembly—Transforming our world: the 2030

about sustainable economic growth.

The second defi-

Agenda for Sustainable Development.7 This resolution

nition is “harvesting or using a resource so that the re-provides “a plan of action for people, planet and pros-3

source is not depleted or permanently damaged.”

perity” and lays out a series of SDGs to improve theThis definition applies most clearly to societal

economic fortunes of all world citizens. 8

sustainability.

SDGs that are directly benefited by strong IPRs aretained”—capable of maintaining a certain rate.

As the U.S.’s recently published Fourth National Cli-

Certaindiscussed below.

mate Assessment report shows, the overlap between

The most obvious is SDG 9, which calls on Unitedthese two definitions as they apply to sustainable

Nations members to “build resilient infrastructure,

growth increases daily. The Fourth National Climate

promote inclusive and sustainable industrialization andAssessment report was published in November 2018

foster innovation.”9 SDG 9 then goes on to set forth

by the U.S. Global Change Research Program, which

a list of targets that must be met to achieve the goal.

was formed to “assist the U.S. and the world to under-

The targets include “upgrad[ing] infrastructure andstand, assess, predict, and respond to human-induced

retrofit[ting] industries to make them sustainable, with

4

A key take-increased resource-use efficiency and greater adoption

away from the report highlighting the overlap betweenof clean and environmentally sound technologies andeconomic and societal sustainability is quoted below:

industrial processes”10 and “encouraging innovationand natural processes of global change.”

Without substantial and sustained global mitigation and regional adaptation efforts, climate change
is expected to cause growing losses to American infrastructure and property and impede the rate of economic growth over this century.5

and substantially increasing the number of researchand development workers per 1 million people andpublic and private research and development spending”11.

These targets explicitly recognize the needfor continued sustainable innovation.
As numerous studies correlating patent strength and

The report goes on to warn that unless more soci-economic growth or investment in research and devel-

etally sustainable steps are taken, “annual losses inopment have shown,12 a surefire way to foster innova-

some economic sectors are projected to reach hun-tion is through strong IPRs.

dreds of billions of dollars by the end of the century.”6

ther supported by surveys finding that patents incent

Put simply, one can no longer expect sustainable eco-innovation in important technology sectors.13 Thus, it

nomic growth without increased adoption of ecological-

is safe to say strong IPRs are necessary to achieve

ly and societally sustainable technologies.

SDG 9.

Due to this increasing overlap, this paper will inten-

This proposition is fur-

However, SDG 9 is not the only SDG that requires
55〈日本知財学会誌〉 Vol.16 No.3― 2020strong IPRs.

As Francis Gurry, the Director General

Likewise, IPRs are needed to meet SDG 7 and SDGof the World Intellectual Property Organization, has

13.

recognized:

sure access to affordable, reliable, sustainable andmodern energy for all”19.

Intellectual property as a policy exists to create

SDG 13 requires members

to “take urgent action to combat climate change and its

an enabling environment for—and to stimulate in-

impacts”20.

vestment in—innovation; to create a framework

Responding to these challenges, inven-tors around the world filed over 14,800 patents for so-in which new technologies can be traded aroundthe world and shared.

SDG 7 calls on United Nation members to “en-lar power, wind energy, biofuels, hydropower, geother-

The economic imperative

mal energy and waste-generated energy technologies

at the heart of innovation is fundamental to the pro-in 2017.21 This is a 43% increase over the number ofcess of societal transformation that the Sustainablepatents filed in the same field in 2016.22

Development Goals aim to achieve.14

As innova-

tors in the renewable energy field are increasingly rec-This enabling environment is created by intellectual

ognizing, strong IPRs go hand-in-hand with achieving

property’s unique ability to balance the incentives forcommercial success while meeting the ambitious

innovators to innovate, with the benefits received by

SDGs set out by the UN.23

the public from the innovators’ innovations.

The United Nations is not the only organization par-In this balance, innovators receive the incentive toticipating at the intersection of intellectual property

invest in innovation, created by the promise of a futureand sustainable growth.

patent.

Patents provide innovators the potential togovernment and industry-led groups seeking to har-recoup past investments through a time-limited mo-

ness and guide the power of innovation to obtain sus-

nopoly and the corresponding opportunity for royalties,

tainable growth.

which also provides capital to fuel future innovation.

ing the future, a few select programs are highlighted

In exchange, the public receives a contribution to
the knowledge pool through disclosure of the invention
and the right to practice the invention freely once thepatent expires.

There are numerous other

While there are many groups shap-

below.

4.

Eco-Patent Commons

The bargain allows all of society tobenefit from the inventor’s undertaking of the risk, la-The first of these groups is the Eco-Patent Com-bor and dedication required to innovate, all to the ben-mons, an industry-led initiative to create a patent poolefit of the global human state.

15

for patents that cover environmentally beneficial

The above described balance is required to meettechnologies.24 The idea behind the Eco-Patent Com-

SDG 3, which calls on United Nations members to “en-mons came about after an internal review at IBM

sure healthy lives and promote well-being for all at all

showed IBM possessed a surprising amount of intel-

ages”16.

While life expectancy has increased in many

lectual property that, while not obviously valuable

countries across the world over the past century, this“through the traditional enforcement of patents,” could

increase cannot be expected to continue without con-be used by other companies to improve the environ-17

ment and to create innovative eco-friendly technolo-

tinued investment in new drugs and treatments.

Such investment cannot be expected in high-risk in-gies.25

dustries, such as the pharmaceutical and biotechnology

31 pledged patents, and has grown to include about 100

industries, that require significant research expendi-

patents as of September 2015.26

tures to create consumer-ready products, without thepromise of strong IPRs for successful treatments.
56

18

The Commons started in January 2008 with

The motivation behind the Commons is not solely
philanthropic in nature, as members benefit from “theIntellectual Property and Innovation—The Key to Sustainable Economic Growth

opportunity to leverage the pledged patents throughgrams, the Prioritized Examination (Track I) program,further innovation, collaboration efforts, and other re-aims to provide applicants a final decision within 12

lationships with businesses that have similar inter-months of prioritized standing being granted.34

ests.”

27

In this way, the Commons provides “a new

The second program, the Accelerated Examination

way to use patents for a strategic purpose that creates

Program, is even more conducive to fostering sustain-

bottom-line business benefit to your company.”28

able growth, as it provides a similar patent prosecution

With pledged patents covering inventions “from clean-timeline as the Track I program, but does not charge

er solvents to recycling cell phone components to eco-innovators any extra examination fees if the claimed

logical packaging to resource management”, the Eco-subject matter “will materially enhance the quality ofPatent Commons provides a template example of how

the environment or contribute to the development orsocietally sustainable progress leads to economicallyconservation of energy resources.”35 In total, the Cli-

sustainable growth.

mate-Patent Acceleration Program provides applicants

5.

attractive pathways to get their innovations to market

Climate-Patent Acceleration Program

tions.

A second program that warrants mention is really a6.

quickly without sacrificing intellectual property protec-

Patents for Humanity Program

collection of programs conducted by the United States
Patent and Trademark Office that are broadly referred

The last sustainability program highlighted in thisto here as the Climate-Patent Acceleration Program.

paper held its fifth successful awards ceremony at the

The first of these programs is the Green Technology

USPTO in November 2018. This program, called Pat-

Pilot Program, which launched at the USPTO in De-

ents for Humanity, “was launched by the USPTO in

cember 2009.29

Under this program, patent applica-

February 2012 as part of an initiative promoting game-tions pertaining to certain green technologies includingchanging innovations to address long-standing devel-“environmental quality, energy conservation, develop-

opment challenges.”36

ment of renewable energy resources or greenhouse

TO recognizes innovators who are solving pressing

gas emission reduction”30 were given special status at

global issues in five distinct categories: medicine, nu-

the USPTO, which allowed patent examiners to begin

trition, sanitation, energy and living standards.37

reviewing the patents immediately. The Green Tech-yond public recognition, the innovators receive a cer-

nology Pilot Program met its goal of promoting greentificate to accelerate certain matters before theindustry, as in less than three years, the USPTO re-

USPTO.38

Under the program, the USP-

Be-

ceived 3,500 patent applications under this pro-

In 2018, the types of innovation recognized by thegram31—500 more patent applications than originally

Patents for Humanity program ranged from adjustable

expected when the program was announced. 32

sandal-like shoes created by Because International to a

Through the program, numerous world-altering green

novel and inexpensive drilling method developed bytechnologies came to market approximately 30 months

Russell Crawford that can be used by only two drillers

earlier than they would have without the program.33

without heavy equipment to reach fresh water aquifers

After this successful pilot program came to its con-hundreds of feet deep around the world.39 Along withclusion, two other programs were provided by thethe types of innovation recognized, there was also a

USPTO to decrease the time it takes to obtain patentlarge range in the size of entities that received awards,

rights for sustainable innovations.

varying from Medtronic PLC, a global medical device

One of these pro-57

〈日本知財学会誌〉 Vol.16 No.3― 2020

company with $30 billion annual revenue that devel-money transfers.42

oped a portable kidney dialysis machine, to Kinnos

without widely adopted, highly innovative standards inInc., a small biotechnology company founded by Co-

the telecommunications industry.

lumbia University students in 2014.

40

None of this would be possible

And all of these successes are just previews of what

Kinnos was launched to commercialize an idea de-will be achievable once 5G wireless systems are widely

veloped by undergraduate students at Columbia Uni-

adopted.

versity who participated in Columbia’s Ebola Design

they are passively sitting—will be able to connect with

Challenge to help fight the Ebola crisis in West Africa.

the roads and other vehicles around them, patients andDuring that crisis, 1 in 20 deaths was a healthcare

their secure medical histories will be able to connect

worker, many of whom died due to improperly disin-with the medical practitioners they trust, and increas-

fected medical equipment.

ingly digitalized industries will be able to reach new ef-

Recognizing that problem, the students who founded
Kinnos developed an idea that is brilliant both for its

Suddenly, drivers—or the cars in whichficiencies across a vast spectrum of commercial endeavors.43

All of this is already being made possible

simplicity and effectiveness—an additive for disinfec-

by telecommunication standards—and the telecommu-

tants that (i) colors the disinfectants blue to easily

nications industry is not alone in broadly adopting suchshow what has and what has not been disinfected; (ii)standards.

modifies the properties of the disinfectants to which it

Other standards, such as the CRISPR-Cas9 standard

is added to better adhere to surfaces; and (iii) fades

currently being created by MPEG LA, which seeks tofrom blue to clear once sufficient time has passed to al-standardize the immense potential of gene editing,44

low the disinfectant to which it is added to work. 41

and the ISO 14000 standards, which provide companies

This is exactly the type of innovation the Patents forand organizations standards that to help them manage

Humanity program was developed to recognize, andtheir environmental responsibilities,45 also have theshows how sustainable development can both benefit

potential to play a role in achieving future sustainable

society and create new business opportunities.

Itgrowth. Standards enable sustainable growth because

also nicely exemplifies university-industry cooperation

they place inventors and implementers in a productive

for sustainable economic growth.

state of “coopetition”.

7.

Companies benefit from in-teroperable components, interconnected devices, moreStandards

efficient R&D spend and larger user networks, while
consumers benefit from greater product choice, more

So far, this paper has discussed the innovation required to achieve sustainable growth, but that is only
one side of the coin.

The other is ensuring innova-

product features and improved product performance,
all at reasonable cost and with high reliability.46
Innovation driven Industry Standards are vital toThis issolving society’s most pressing and vexing problems.

the role played by industry standards and standards-

And like with the intellectual property rights they of-setting organizations.

ten encompass, society must thoughtfully balance thetions are actually adopted and implemented.

Consider the breathtaking pace at which mobile

incentives given to innovators to create new standards

phones have altered our world. Today, mobile devices

with the benefits given to the consumers and imple-

can communicate across networks, access social net-

menters that adopt the standards.

For it is only

working and video streaming services, receive andthrough thoughtful management of innovation incen-

send text messages and emergency notices and eventives that society can continue to promote sustainable,

perform the functions of a bank by enabling seamlessstandards-driven growth.

58Intellectual Property and Innovation—The Key to Sustainable Economic Growth8.

ers a new way to maintain a secure, single record of

Blockchain

truth among unknown and untrusted parties without
the need for any trusted third-party intermediary.

Lastly, this paper would be remiss if it did not touch

This broad shift away from needing a trusted interme-on one final technology while discussing the fourth in-diary allows society to reimagine centralized systems

dustrial revolution and ways to ensure future sustain-

as distributed ones.

That final piece of technology sure toOnce one begins to reimagine existing fundamental-

enable sustainable growth is distributed ledgers—

ly insecure, costly and fragile centralized systems as

blockchain.

distributed ones, it is not hard to imagine the level ofable growth.

Blockchain is a new kind of database that has five
key features:

sustainable growth widespread adoption of blockchain
solutions can enable.

1. First, the database is distributed, meaning is does
not just exist in one place.

Instead, every par-One blockchain solution already providing global
sustainable growth is the TradeLens platform devel-

ticipant on a blockchain keeps their own copy of

oped and implemented by IBM and Maersk.

Thisthe data stored on the blockchain.

program has three simple, overarching goals.

The

2. Second, the database is encrypted to maintainprivacy.

Each participant on a blockchain has afirst is to promote more efficient and secure global
trade.

The second is to increase information sharing

private key—a self-created password—that al-

and transparency.

lows them to access and control only the data that

innovation.47

is theirs.

The last is to spur industry-wide

These encrypted keys enable all par-TradeLens members are striving to meet theseties on a blockchain to track data provenance, as

goals by incorporating IoT and sensor data onto a

the private keys act as a type of metadata that isblockchain to provide real-time shipping data without

inseparable from the underlying data.

compromising privacy or confidentiality.

3. Third, the database is managed by consensus,

This plat-form, which was announced in January 2018, is built onmeaning each participant updates their own copy

open standards to increase industry adoption.

of the database according to a globally agreed tois ample evidence that the shipping industry is reacting

set of rules and the only “true” version of the da-positively to TradeLens, as by August 2018 it alreadytabase is the version upon which the majority of

had buy-in from more than 20 port and terminal opera-

participants have agreed.

There

This makes it nearlytors, customs authorities, upstream and downstream

impossible for nefarious actors to create fraudu-

freight forwarders and other related logistics compa-

lent data entries on a broadly distributed block-nies around the globe.48 This buy-in is likely a prod-

chain.

uct of the early success of the platform, which has

4. Fourth, the database is “add-only”, meaning

shown that it can decrease shipment transit time by upchanges to preexisting data are recorded as new

to 40% and reduce the number of individuals needed toentries rather than as corrections that overwrite

track a shipping container from five to one.49

preexisting data.

Once data is added to a block-chain, it is never altered.
5. L astly, a blockchain database is immutable, mean-

The need for increased efficiencies is not unique tothe international shipping industry.

Other industries

are also adopting blockchain solutions in an effort toing that once an entry is added to the database, it

spur sustainable growth.

cannot be removed.

the food supply industry, who have instituted a block-Through these five features, blockchain provides us-

This includes members of

chain-powered food-tracking solution that can reduce59

〈日本知財学会誌〉 Vol.16 No.3― 2020

the time required to trace a contaminated piece of food
through a distribution chain from 7 days to 2.2 seconds,
and diamond distributors, who have placed digital “fingerprints” of millions of diamonds onto a blockchain
ledger called Everledger that can limit the unethicalspread of conflict minerals.

While blockchain is not a13
14

silver bullet solution to all the world’s problems, thenascent technology has tremendous potential to pro-15

vide sustainable growth.

9.

Conclusion

16

Bringing together everything covered above, one
cannot help but get excited for the world’s future.

As

the SDGs reveal, there are still many societal ills that
plague far too many people in this world.

However,

as society progresses through the fourth industrial
revolution, it possesses more powerful technologies
than ever before.

17
18
19
20
21

22
23

If innovation and innovators arechampioned with strong, balanced intellectual property
rights and efficiency-producing standards, then society

24

is sure to enjoy long-term sustainable growth.
25
Notes
1 USPTO Press Release 18-15 (August 9, 2018). Available at: https://www.uspto.gov/about-us/news-updates/
uspto-announces-2018-patents-humanity-winners.
2 Sustainable, Merriam-Webster English Dictionary. Available at: https://www.merriam-webster.com/dictionary/sustainable.
3 Id.
4 U.S. Global Change Research Program, GCRA Mandate.
Available at: https://www.globalchange.gov/content/whats-new-nca4.
5 U.S. Global Change Research Program, Fourth National
Climate Assessment Summary Findings (November2018). Available at: https://nca2018.globalchange.
gov/downloads/NCA4_Ch01_Summary-Findings.pdf.
6 Id.
7 G.A. Res. 70/1 (Sept. 25, 2015).
8 Id.
9 Id.
10 Id.
11 Id.
12 See, e.g., Stephen Haber, Patents and the Wealth of Nations, 23 GEO. MASON L. REV. 811 (2016); Maureen K.
Ohlhausen, Patent Rights in a Climate of Intellectual
Property Rights Skepticism, 30 HARV. J. L. & TECH. 1,
25-29, 35-37 (2016)(collecting studies). Acting FTC
Chairman Ohlhausen also analyzes contrary evidence,
see, e.g., id. at 30-32, but concludes that“patents havelong been an integral part of U.S. innovation policies thathave produced tremendous results. Policymakers should
60

26

27

28

29

30
31

32

not take these collective considerations lightly. In myview, they counsel in favor of robust IP rights protection.”
Id. at 44. See also Maureen K. Ohlhausen, Commissioner,
U.S. Federal Trade Commission, The Case for a Strong
Patent System, Remarks at“The Economic Contributionof Technology Licensing”Conference, USPTO’s Global Intellectual Property Academy 6-8 (June 8, 2016).
Id.
World Intellectual Property Organization, Innovation Driving Human Progress: WIPO and the Sustainable Development Goals. Available at: https://www.wipo.int/edo
cs/pubdocs/en/wipo_pub_1061.pdf.
David J. Kappos, The *Real* Innovation Economy—Debunking Myths At the Intersection Between Intellectual
Property and Competition Laws, INTERNATIONAL SYMPOSIUM ON STANDARDS, SEPS AND COMPETITION
LAWS; TAIWAN (March 9, 2016).
World Intellectual Property Organization, Innovation Driving Human Progress: WIPO and the Sustainable Development Goals. Available at: https://www.wipo.int/edo
cs/pubdocs/en/wipo_pub_1061.pdf.
Id.
Id.
G.A. Res. 70/1 (Sept. 25, 2015).
Id.
James Geary, Green Energy Patents Jump 43% in a Year
(Oct. 1, 2018). Available at: https://www.emwllp.com/
latest/green-energy-patents/.
Id.
Deloitte, 2018 Renewable Energy Industry Outlook.
Available at: https://www2.deloitte.com/us/en/pages/en
ergy-and-resources/articles/renewable-energy-outlook.
html.
Wayne Balta, Welcome to the Eco-Patent Commons,
EcoInnovator Blog (Sept. 7, 2015). Available at: http://
www.corporateecoforum.com/welcome-to-the-eco-pate
nt-commons/.
Jo Bowman, The Eco-Patent Commons: Caring ThroughSharing, WIPO M agazine (June 2009). Available at:  
https://www.wipo.int/wipo_magazine/en/2009/03/arti
cle_0004.html.
Wayne Balta, Welcome to the Eco-Patent Commons,
EcoInnovator Blog (Sept. 7, 2015). Available at: http://
www.corporateecoforum.com/welcome-to-the-eco-pate
nt-commons/.
Wayne Balta, Welcome to the Eco-Patent Commons,
EcoInnovator Blog (Sept. 7, 2015). Available at: http://
www.corporateecoforum.com/welcome-to-the-eco-pate
nt-commons/.
Liza Porteus Viana, U.S. IP Industry Group Pushes‘ Green’
Patents; Adopts Resolution on Compulsory Licences, Intellectual Property Watch (Nov. 9, 2008). Available at:  
http://www.ip-watch.org/2008/09/11/us-ip-industrygroup-pushes-green-patents-adopts-resolution-on-com
pulsory-licences/.
Pilot Program for Green Technologies Including Greenhouse Gas Reduction, 1349 OG 362–68. Available at:  
https://www.uspto.gov/web/offices/com/sol/og/2009/
week52/TOC.htm#ref13.
Id.
Antoine Dechezleprêtre, Fast-Tracking“ Green” Patent
Applications: An Empirical Analysis, Center for Climate
Change Economics and Policy (Feb. 2013). Available at:  
http://www.lse.ac.uk/GranthamInstitute/wp-content/up
loads/2014/02/WP107-fast-tracking-green-patent-ap
plications.pdf.
Pilot Program for Green Technologies Including Greenhouse Gas Reduction, 1349 OG 362-68. Available at:  

Intellectual Property and Innovation—The Key to Sustainable Economic Growth

33

34

35
36

37
38

https://www.uspto.gov/web/offices/com/sol/og/2009/
week52/TOC.htm#ref13.
See Peter Pappas, USPTO Issues 500th Patent ThroughSuccessful Green Technology Pilot Program, USPTO(Oct. 5, 2011). Available at: https://www.uspto.gov/
about-us/news-updates/uspto-issues-500th-patentthrough-successful-green-technology-pilot-program (describing the 500th patent granted through the GreenTechnology Pilot Program); Peter Pappas, The U.S. Commerce Department’s Patent and Trademark Office (USPTO) Will Pilot a Program to Accelerate the Examination of
Certain Green Technology Patent Applications, USPTO(Dec. 7, 2009). Available at: https://www.uspto.gov/
about-us/news-updates/us-commerce-departments-pat
ent-and-trademark-office-uspto-will-pilot-program (describing the average pendency time at the USPTO before
first examination as 30 months).
USPTO, Prioritized Examination Frequently Asked Questions. Available at: https://www.uspto.gov/sites/defa
ult/files/documents/Track_1_Prioritized_Exam_
FAQ_20170925.pdf.
37 CFR § 1.102(c)(2)Paul Fucito, USPTO Announces 2018 Patents for Humanity Winners, USPTO (Aug. 9, 2018). Available at:  
https://www.uspto.gov/about-us/news-updates/usptoannounces-2018-patents-humanity-winners.
Id.
Id.

39
40

41

42

43
44

45

46

47
48
49

Id.
Id.; Company Overview of Kinnos Inc., Bloomberg (Dec. 2,2018). Available at: https://www.bloomberg.com/rese
arch/stocks/private/snapshot.asp?privcapId=422009
565.
Highlight: The New Standard of Infection Prevention, Kinnos I nc . Available at: https://www.kinnos.us/about-highlight.
David J. Kappos, Innovation-Based Technology Standards—Vital Contributors to U.S. Economic Growth andConsumer Prosperity Under Growing Threat (CS&M Draft
Oct. 16, 2017).
Id.
MPEG LA, MPEG LA Calls on CRISPR-Cas9 Patent Holders to Solve the CRISPR IP Conundrum. Available at:  
http://www.mpegla.com/main/pid/CRISPR/Initiative.aspx.
International Organization for Standardization, ISO 14000
Family—Environmental Management. Available at:  
https://www.iso.org/iso-14001-environmental-manage
ment.html.
David J. Kappos, Innovation-Based Technology Standards—Vital Contributors to U.S. Economic Growth andConsumer Prosperity Under Growing Threat (CS&M Draft
Oct. 16, 2017).
Maersk and IBM Introduce TradeLens Blockchain Shipping Solution, IBM (Aug. 9, 2018).
Id.
Id.

61