Preserving the definition of Patent Prior Art [2011]
IEEE-USA opposes provisions in currently pending legislation designed to replace the long established definitions of prior art with one far broader in scope. This broadening renders many more inventions unpatentable, and changes the grace period – the time and latitude an inventor has to disclose his/her invention with others that may help in the development process, or provide funding – to a much narrower one.  

Patents Should Be Limited to Technology [2009]
Concerned by attempts to obtain patents on artistic works, such as music or motion pictures, and for various types of business methods, such as schemes for creating tax shelters, IEEE-USA calls on Congress to amend the patent code to clarify that patents should be limited to technology. At the same time, IEEE-USA reiterates its previous positions that computer-based inventions, including software processes that meet statutory criteria for patentability, should continue to be protected.

Digital Millennium Copyright Act (DMCA) Encryption Research [2008*]
Researchers whose work falls within an exemption provided by Congress have been threatened with possible litigation under the DMCA, causing great concern for those researchers who want to publish their results in various media. IEEE-USA is requesting that Congress amend the encryption research exemption so that it clearly includes all legitimate research done by any entity or person (academic or otherwise) and the publication of that research, and is applicable to all forms of copyright protection.

Disclosure of Intellectual Property Assignment Agreements [2008*]
Intellectual property assignment agreements required by companies prior to hiring constitute a very important part of an employment offer, potentially equaling or exceeding monetary considerations in importance. When such terms and covenants are required, they are usually a non-voluntary precondition of employment. IEEE-USA supports minimum standards of ethical conduct with respect to assignment agreements, such as timely and complete disclosure of these agreements, reasonable modifications and notification of changes on an employee-by-employee basis, and proper compensation when warranted. These minimum standards will help ensure that engineers who develop intellectual property are protected and adequately compensated.

Non-Negotiable Terms and Conditions in the Sale or Transfer of Computer Software and Other Digital Works [2008*]
This position statement addresses the issue of shrink-wrap or click-on licenses which are found within the package or within the Web selling process of computer software and other digital works. IEEE-USA recognizes the need to impose some terms and conditions on the sale or other transfer of computer software and other digital works, but recommends that uniformity, availability, and provisions such as ability to return the product at no cost to the user be regulated since the only choices are to agree and complete, or void the transaction.

Reverse Engineering [2008*]
IEEE-USA thinks that reverse engineering should be promoted because it is fundamental to the development of programs and software-related technology. Reverse engineering allows engineers to make other products interoperate with the target product that is the subject of the reverse engineering, to design competing products that are not substantially similar in expression, and to discover patentable subject matter.

Computer Industry Patents [2010]
IEEE-USA recommends that the USPTO improve the collection of prior art used by patent examiners and take all necessary steps to raise and maintain the level of accessibility and search methodology in computer program-related examining to help ensure that only quality patents are issued in the computer industry. By taking these steps it will ensure that owners of intellectual property are issued higher quality patents that will better protect against infringement and prevent unnecessary litigation. 

Closing the Off-shore Patent Infringement Loophole [2010]
Under current law, a software process patent is not infringed if any step of the process is performed outside of the United States. This loophole also existed until 1988 for hardware patents, but was closed by Congress’ modification of the law. This position statement calls on Congress to again amend the law to remove incentives for companies to off-shore activities to avoid liability for infringement of software process patents. Closing this loophole will help owners of intellectual property, either as individual inventors or corporations, prevent infringement of software process patents.

University Intellectual Property Policy Guidelines [2010]
To foster a culture of practical innovation, IEEE-USA recommends that universities and colleges develop written IP guidelines, disseminate these policies, and further establish educational programs concerning IP rights. This statement encourages universities to protect faculty, staff and students’ rights and income shares in IP, protect computer software in the same manner as any other IP, protect the portability of IP rights, and to consider the creation of IP for the retention, promotion or tenure of faculty.

Patent Reform:  U.S. Innovation, Entrepreneurialism and US. Competitiveness [2009]
IEEE-USA endorses the need to reform the U.S. patent system and thinks predictable intellectual property protection for a full spectrum of technologies and applicants is vital. To accomplish this, IEEE-USA recommends that new patent legislation be enacted that provides for (1) mandating U.S. Patent and Trademark Office (USPTO) operations to enhance quality, organization and management of examination; (2) clarifying software patentability; (3) not expanding the current USPTO rulemaking authority; (4) considering alternatives to patent protection for fast moving technology; and (5) addressing recoveries for infringement. If these steps are taken, better, timelier, and lower-cost patents will be issued, which will benefit all inventors, in particular small businesses and entrepreneurs by reducing the cost of protecting their intellectual property, as well as the cost of unnecessary litigation.

An Overall Approach to Intellectual Property Protection [2009]
This position advocates an overall approach to the handling of federal intellectual property protection, including restructuring of the existing intellectual property organizations to provide:

• Timely protection at an affordable cost

• Protection of fast moving technologies such as electronics an
  software that may become obsolete before a patent is obtained

• Protection against outright copying of certain products not protected by a patent

• Protection for databases beyond copyright

• Independent fee–supported operational agencies for each particular form of intellectual property as appropriate

• That all fees collected by these agencies remain with the agencies instead of being diverted to fund unrelated activities

Multiple Patent Claim Forms [2009]
IEEE-USA seeks legislation to ensure that inventions that require multiple claim forms for protection, such as software based-inventions, are not penalized by additional regulatory requirements and fees. Further, IEEE-USA urges Congress to amend the patent statutes so that intentional distribution of a computer program that uses a patented method is an infringement of that patent, so that multiple claims forms are no longer necessary in these cases.

The Use of Neutral Experts in Intellectual Property Litigation [2009]
IEEE-USA recommends that courts should employ neutral experts to offer specific knowledge, advice and recommendations in the technology of a case as a way to reduce litigation costs, and to help make technically sound decisions, particularly in intellectual property litigation.

Invention Rights for Employees [2009]
IEEE-USA recommends adoption of legislative standards clarifying invention rights for employees, particularly since pre-employment intellectual property assignment agreements, or other agreements with similar terms are usually a precondition of employment.

New Forms of Intellectual Property Protection [2009]
IEEE-USA recommends that Congress pass new forms of intellectual property protection for new fast-moving technology and/or products which have novelty and value as a marketing advantage, but whose value decreases or terminates within a short time span (months or a few years) as new technologies or products replace them.  The ability of entrepreneurs to leverage these assets and create new companies, exports and jobs are impacted by the length of time and costs associated with obtaining a patent and receive no benefit from 20-year or longer protection. 

User Rights in Digital Copyright [2009]
This statement urges Congress to clarify the rights of users of digital information under copyright law. IEEE-USA thinks that all user rights in digital works, as well as other user rights provided by intellectual property law, must not be alterable by a shrink wrap, click wrap or similar license.