Unravelling the World of Deep Tech: A Conversation with Kamyar Maserrat
I recently had the pleasure of picking the brilliant brain of Kamyar Maserrat, a Senior Counsel at Foley & Lardner LLP and a bona fide IP wizard in AI, robotics, and quantum tech.
From Engineer to IP Lawyer
Kamyar's story begins in Iran, where he grew up in the bustling city of Tehran. With a father who was an engineer and a mother who was a schoolteacher, Kamyar was naturally drawn to the world of science and technology. After completing his 10th grade in Iran, he moved to Texas, where he finished high school and later pursued a degree in civil engineering with a minor in computer science at the University of Texas at Arlington.
Following his graduation, Kamyar practiced civil engineering for several years, designing notable projects such as Parkland Hospital in Dallas. However, his thirst for knowledge and a desire to do more led him to explore other career paths. He considered an MBA and even started graduate school at Southern Methodist University, but ultimately, he was drawn to the legal side of technology.
Kamyar enrolled in law school at Texas A&M University School of Law, where he interned in various legal fields, including family law and personal injury law. However, his true passion lay in patent law, which allowed him to combine his engineering background with his legal expertise. After completing law school, Kamyar joined IBM as a patent attorney, where he had the opportunity to work on groundbreaking AI projects, including the Watson team.
Navigating the Complex World of IP
For many scientists and engineers, the world of intellectual property can seem daunting and complex. Kamyar breaks down the four major types of IP: patents, copyrights, trademarks, and trade secrets. Patents protect inventions that are new, useful, and non-obvious, granting exclusive rights to the inventor for a limited time. Copyrights protect original works of art or authorship, such as books, music, and software code. Trademarks protect brand identifiers, such as logos, names, and slogans. Finally, trade secrets protect confidential business information and know-how, such as the formula for Coke or Google's search algorithm.
Kamyar emphasizes the importance of IP for early-stage startups and inventors. Patents can be used not just to protect inventions but also to raise funds, negotiate licensing agreements, and gain a competitive advantage. He advises startups to consider filing patent applications early in the development process to establish their rights and prevent competitors from infringing on their innovations.
The IP Advantage: More Than Just Legal Mumbo-Jumbo
You might think that developing a groundbreaking AI algorithm or a quantum computer that can predict the future is the holy grail for deep tech startups. But hold your horses! Kamyar dropped a truth bomb that'll make you rethink your priorities. It turns out that having a solid IP strategy is like wearing a superhero cape in the cutthroat world of startups.
Picture this: You're an investor drowning in a sea of pitches from AI startups claiming to have the next big thing. Suddenly, you spot a company with a robust patent portfolio – it's like finding a diamond in a pile of cubic zirconia. It screams, "Hey, we're not just throwing buzzwords around. We've got the legal chops to back up our tech!"
But wait, there's more! Kamyar revealed that startups with strong IP strategies are more likely to secure venture capital funding and even score bigger checks. It's like the startup equivalent of bringing a bazooka to a knife fight – except instead of explosives, you're packing patents!
The Deeptech Dilemma: To Patent or Not to Patent?
Now, let's address the elephant in the room – the age-old question of whether to patent your deep tech innovations or keep them as closely guarded secrets. Kamyar, being the IP Jedi he is, shared some wisdom that would make Yoda proud.
For AI startups, it's not just about patenting your entire codebase (spoiler alert: you can't). It's about identifying those unique aspects of your AI system that give you a competitive edge. Maybe it's a novel way of preprocessing data, or perhaps it's a groundbreaking neural network architecture. The key is to think beyond the obvious and capture the essence of your innovation.
Quantum tech startups face a different beast altogether. With the field evolving faster than a quantum particle, Kamyar advises a strategic approach. Focus on patenting foundational technologies that will still be relevant when quantum computers become mainstream. It's like planting seeds for a forest that will grow in a dimension we can't yet see!
The Open Source Conundrum: Friend or Foe?
Here's where things get spicier than a quantum entanglement experiment gone wrong. Kamyar highlighted the delicate dance between open source and proprietary technology in the deep tech world. It's like trying to juggle flaming torches while riding a unicycle – exciting, but potentially hazardous if you don't know what you're doing.
For many deep tech startups, leveraging open source tools is as essential as caffeine for a coder pulling an all-nighter. But here's the kicker – you need to be smart about how you use and contribute to open source projects. Kamyar's advice? Create a clear policy on open source usage and contribution. It's like having a prenup for your code – not the most romantic thing, but boy, can it save you headaches down the road!
The Global IP Chess Game: Playing to Win
In the world of deep tech, the IP game is played on a global chessboard. Kamyar emphasized the importance of thinking beyond your home turf when it comes to IP protection. It's not just about filing patents in Silicon Valley or London – you need to consider emerging tech hubs and potential markets worldwide.
But here's where it gets tricky – different countries have different rules when it comes to patenting AI, robotics, and quantum technologies. It's like trying to play chess, go, and shogi simultaneously. Kamyar's pro tip? Work with IP experts who understand the nuances of global IP laws. It's like having a team of polyglot grandmasters on your side!
The Emergence of Artificial Intelligence
One of the most exciting and challenging areas of IP law is the emergence of artificial intelligence. Kamyar explains that AI can be broadly divided into three categories: innovations that address technical issues within AI, innovations that use AI to solve business problems, and innovations that use off-the-shelf AI models to provide generic solutions. The first category, which includes advancements in AI technology itself, is the most patentable, while the third category is the least.
Kamyar notes that the patent office has created a new task force to provide more examples of what is patent-eligible when it comes to AI. He also discusses the ethical and legal implications of AI-generated content, such as articles written by language models like ChatGPT. While the legal landscape is still evolving, Kamyar believes that AI will continue to play a significant role in shaping the future of technology and society.
The Quantum Revolution
Another emerging field that Kamyar is passionate about is quantum technology. He explains that quantum computers use qubits, which can exist in a superposition of zero and one, to perform complex calculations much faster than conventional computers. While quantum technology is still in its early stages, Kamyar believes that it has the potential to revolutionize fields such as cryptography, healthcare, and AI.
Kamyar notes that the number of patents related to quantum technology has been increasing rapidly, with over 16,000 patents filed in 2022 alone. He also discusses the significant investments being made in quantum technology, with China leading the way with a $16 billion investment, followed by the United States with a $5 billion investment. Kamyar believes that quantum technology will complement conventional computers, allowing for more efficient and powerful computing solutions.
The Future of IP in Deeptech: Buckle Up, It's Going to Be a Wild Ride!
As we wrapped up our chat, Kamyar gazed into his crystal ball (which, let's be honest, was probably powered by some cutting-edge AI) to share his thoughts on the future of IP in deep tech.
He predicts that we'll see more collaborative IP models emerging, where companies join forces to create patent pools in specific deep tech domains. It's like the Avengers of the tech world, but instead of fighting Thanos, they're battling patent trolls and fostering innovation.
Kamyar also foresees AI playing a bigger role in the patent process itself. Imagine AI systems drafting patent applications or predicting potential IP disputes before they happen. It's like Minority Report, but for patents!
Conclusion
Kamyar Maserrat's journey from engineer to IP lawyer is a testament to his passion for innovation and his commitment to protecting the intellectual property that drives technological advancement. His insights into the complex world of IP law, the emergence of artificial intelligence, and the quantum revolution provide a valuable perspective for scientists, engineers, and entrepreneurs alike. As the field of deep tech continues to evolve, Kamyar's expertise will be crucial in navigating the legal and ethical challenges that lie ahead.
For more insights into the world of IP law and deep tech, be sure to check out Kamyar's blog, "Beyond the Binary," at Foley & Lardner LLP. And for a deeper dive into the fascinating world of quantum technology, Kamyar recommends the book "Quantum Supremacy" by Michio Kaku.
Kamyar's LinkedIn: https://www.linkedin.com/in/kamyar-maserrat-6118908/
Foley and Lardner LLP: https://www.foley.com/
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