Insurance IP Bulletin
An Information Bulletin on Intellectual Property activities in the insurance industry

A Publication of - Tom Bakos Consulting, Inc. with Markets, Patents and Alliances, LLC
June 15, 2004

VOL: 2004.1
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Publisher Contacts Tom Bakos Consulting, Inc.
Tom Bakos: (970) 626-3049
tbakos@BakosEnterprises.com

Markets, Patents and Alliances, LLC
Mark Nowotarski: (203) 975-7678
MNowotarski@MarketsandPatents.com

Complete contact information.

Patent Watch

Don't Count on Copying Your Competitor's Great New Product Idea


Vigilance is becoming a necessity in the insurance industry. It is becoming more common for inventors of significant new insurance product solutions to seek patent protection for their research and development efforts. As a result, the successful, innovative insurance product solutions invented by your competitors may no longer be freely shared with you.

Patents In Action

Story of a Reversionary Annuity Patent


Patent #5,754,980 was issued on May 19, 1998 for a Method of providing for a future benefit conditioned on life expectancies of both an insured and a beneficiary. Essentially, this patent described a method of providing benefit payments on the death of an insured to a named beneficiary - but only if the beneficiary survived the insured. In other words, this is a reversionary annuity. A product based on this patent, called the Stewardship Annuity, is now available from Baltimore Life.

Patent Tech

Sources of Information


The USPTO.gov web site (see link in Resources) is an excellent source for information regarding the patent process and is set up to help inventors. It is also a significant resource for information on patents issued and pending in the United States. Patents are published on the web site when they are issued. Patent applications are published every Thursday 18 months after the date they are filed.

The World Intellectual Property Organization maintains a web site with information on patents filed under the Patent Cooperation Treaty (see link in Resources).

Patent Classification


Business method patents are found in USPTO class 705. Class 705 is the generic class reserved for "apparatus and corresponding methods for performing data processing operations, in which there is a significant change in the data or for performing calculation operations wherein the apparatus or method is uniquely designed for or utilized in the practice, administration, or management of an enterprise, or in the processing of financial data." Sub-class 4 is for Insurance - meaning computer implemented systems or methods for writing insurance policies, processing insurance claim, etc. So, class 705/4 is the class for insurance business method patents.

It is possible to have insurance related business method patents classified other ways, e.g. class 705/35 or 705/36 may contain patents of interest. Since each claim made in a patent defines a novel disclosure and is assigned a classification a patent may have multiple classifications associated with it. Often 705/4 is not the primary or original classification so an invention with a claim in class 705/4 may have a very narrow insurance application.

However, looking at the activity in class 705/4 gives a general idea of the level of activity with respect to insurance business method invention.

Finding Innovation

How Do You Know You've Invented Something?


Invention is a solution to a problem. The solution may come easily or as the result of a long, arduous, and expensive research and development effort. Either way, if it solves a significant and important problem it has value.

The key to finding innovation is looking for the insightful or inventive step which must exist in every business process for it to satisfy the criteria of non-obviousness. This would be the jump or quantum leap made to get from point A in the solution to point B. It is not something that was taught or learned from any "prior art".

Ignore/License/Fight

Lessons from Bancorp vs. Hartford


The Bancorp Services LLC vs. Hartford Life lawsuit decided in March, 2002 awarded Bancorp $118 million for misappropriation of a Trade Secret was the fifth largest award during the period 1990 - 2002. On appeal, Bancorp's patent was upheld and Hartford eventually settled for $80 million in 2004.

The fact that Bancorp's patent was upheld on appeal restarts lawsuits with MetLife and Sun Life on the patent infringement issue.

Statistics

An Update on Current Patent Activity


Patent activity in USPTO class 705/4 provides a measure of invention in the insurance industry.

Patent applications have been published 18 months after their filing date only since March 15, 2001. Therefore, there are many pending applications not yet published. A conservative assumption might be that there are about 125 applications filed in the last 18 months. Therefore, there are, probably, about 500 class 705/4 patent applications currently pending.

Resources
Links to web sites with patent information.

United States Patent and Trademark Office

World Intellectual Property Organization (Patent Cooperation Treaty)

Patent Laws and Regulation
(A link to USPTO.gov web site)

Introduction

Welcome to the inaugural issue of the Insurance IP Bulletin.

Our mission is to provide our readers with useful information on how intellectual property in the insurance industry can be and is being protected – primarily through the use of patents. We will provide a forum in which insurance IP leaders can share the challenges they have faced and the solutions they have developed for incorporating patents into their corporate culture.

We intend to publish six issues per year on the 15th in even numbered months.

In this issue Frank Cuypers of Swiss Re will discuss his take on the insurance industry’s innovative qualities. Frank is head of Swiss Re’s Group Intellectual Property Department in Zurich. Frank is a nuclear engineer, theoretical physicist, and an actuary.

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Thanks,

Tom Bakos & Mark Nowotarski


FEATURE ARTICLE

Which Came First: the Chicken or the Patent?

By: Frank Cuypers, IP Head, Group Intellectual Property, Swiss Re, Zurich

A recent Best’s Review article concluded with the sentence: "There are relatively few insurance companies that are product innovators – most are content to go along copying those few companies." Is this harsh judgment justified?

From time to time, I’m asked to speak about reinsurance to a non-insurance audience. In the course of the lecture I often provocatively ask the audience whether or not they consider insurance to be an innovative industry. Invariably the answer is a stupefied "No!" How could it occur to me to ask such a dumb question? Indeed, it appears that the public perceives our industry as one of the most traditional, dull trades.

Is the public to blame? Are the advancements in other sciences or technologies flashier than those in our field? Or, is it that no truly substantial (re)insurance innovation has seen the light of day since the Renaissance?

We all know bright and imaginative colleagues in our firms. Actually, many of us are even proud of the severe recruitment criteria applied by our companies or of the tough examinations required by some of our professional organizations. But does this technical excellence of personnel suffice to guarantee innovation? I rather believe (re)insurance doesn’t live up to its innovative potential … not by a long shot!

From the statistics I’ve seen and from my personal experience with various reinsurers, I estimate that about 20% of a typical reinsurer’s staff are natural scientists. Their specializations are diverse and range from engineering and computer science to medicine, biology and geology with an increasing population of physicists. Probably, some direct insurers can claim similar figures. In any other industry, the innovative output of such a group of scientists or quants* would be invention which their companies would not hesitate to file patents on. But when an insurer hires these technicians it seems to place no value on their innovative talent. Is this because it assumes they are no longer capable of inventing?

As a nuclear physicist turned actuary I have this story to tell. What struck me first when I changed fields was that, although the inputs (risk) and outputs (premium) of my calculations where very different from what I was used to, all the calculations leading from risk to premium were very familiar. There was no difference in my use of the scientific method and of mathematical tools. But no one ever seriously considered patenting the new methods I designed to compute risk premiums, despite their value being confirmed by extensive use by my colleagues.

The number of patents is often used as a measure of the rate of innovation in an industry or an industrial field. According to this gauge the emerging realms of creativity are bio- and nanotechnologies and also, software and services. As a matter of fact, an increasing number of traditional mechanical or chemical companies file patents in the area of business methods. The rationale is that the way they differentiate themselves from their competitors has shifted to the way they service their clients.

Now, if we use the patent gauge to compare insurance with other trades, we probably rank among the least innovative industries. So, is it true that we don’t patent because we don’t innovate?

To answer this question, let’s return to the Best’s Review statement cited at the beginning. It is probably correct to say that in the insurance industry it is not the first movers but the second movers who have the advantage. How often have each of us lived through a situation where an idea is recognized by senior management to be bright, but is nevertheless rejected? It is rejected because experience has taught that it’s cheaper to wait and let a competitor develop the product, let the competitor introduce the concept in the market, let the competitor make its mistakes, and only then offer the same finished product at a cheaper price without the R&D expenses. That is not a particularly fertile ground for pioneering.

This is the immobility curse on front-office creativity in the (re)insurance industry. Other industries don’t know this curse, because they patent their new products.

We don’t have that problem with our back-office innovations. Indeed, it is easy enough to ensure that our competitors cannot copy the inventions we use behind the scene, such as our pricing or reserving techniques, our natural catastrophe or epidemics simulation methods or our electronic accounting systems. But it turns out that we’re so good at hiding these R&D achievements, that others must reinvent the wheel. More than often even within the same company! That is also not a particularly fertile ground for pioneering.

This is the trade secrecy plague on back-office creativity in the (re)insurance industry. Other industries don’t know this plague, because they patent their new achievements.

How can patents encourage innovation in the insurance industry? Just the same way they fostered and still foster innovation in other industries! In essence a patent is a contract between an inventor and society, a contract that yields protection to the inventor in return for the disclosure of her or his invention. It is this element of contractual obligation that makes patents so valuable both to innovators and to society at large: The protection associated with patents encourages exploration and discovery, while the resulting contributions to the state of the art are widely disseminated.

Insurance, a mechanism for sharing the risks of economic failure and catastrophic loss, made the development of new ideas less risky and was one of the historic enablers of innovation in science and engineering. Isn’t it ironic that the very industry that through its risk sharing products enabled innovative risk takers to make their discoveries never itself embraced innovation?

Perhaps the issue is not that we don’t patent because we don’t innovate, but rather that we don’t innovate because we don’t patent.

Frank Cuypers can be reached via e-mail at:  Frank_Cuypers@swissre.com

(*Editors Note: For those not familiar with the term, a "quant" is a person who has strong skills in mathematics, engineering, or computer science, and who applies those skills to the securities business. For example, a pension fund may employ a quant to put together an optimal portfolio of bonds to meet the fund's future liabilities. A "quant" might also be referred to as a "rocket scientist".)