Ryan Lekivetz stands in front of the office wall displaying his patents.Ryan Lekivetz stands in front of the office wall displaying his patents.Ryan Lekivetz stands in front of the office wall displaying his patents.Ryan Lekivetz stands in front of the office wall displaying his patents.Ryan Lekivetz stands in front of the office wall displaying his patents.Ryan Lekivetz stands in front of the office wall displaying his patents.A patent is a form of intellectual property that protects a unique invention. It gives us, as inventors, the exclusive right to prevent others from making, using, or selling our innovation for up to 20 years. The trade-off is that we must fully disclose our invention so that others can eventually reproduce it once the patent expires.
This process is critical because it's the ultimate tool to protect our work from competitors.
“When we create novel, innovative stuff, our competitors will try to copy it,” Distinguished Research Statistician Developer Joseph Morgan (@JosephMorgan) said. “A patent is our way of legally preventing them from profiting off our hard work.”
Senior Research Statistician Developer Laura Castro-Schilo (@LauraCS) recounted a specific experience where a competitor's lead developer was present during one of her presentations. “The developer was actively recording my demonstration, particularly when I was showing the 'status tab' feature,” she recounted. This moment gave her a sense of validation and relief, as it confirmed that the innovation was valuable and that other companies were paying close attention to JMP's work.
“The fact that the work had been patented meant that even though the competitor was recording it, they would not be able to legally copy or replicate it without facing a lawsuit,” she said. “This experience underscored the importance of pursuing a patent as a protective measure for JMP's innovations.”
Your role in the patent process
Pursuing a patent can be a complex and time-consuming journey. However, the SAS patent committee and several individuals at JMP have successfully navigated this process and have shared what they have learned:
- It's a team effort: You don't have to do it alone. Principal Research Statistician Developer Clay Barker (@clay_barker) is a key ally in this process and a member of the SAS patent committee. Having the committee's guidance is extremely helpful.
- A single idea can yield multiple patents: As Morgan and the DOE group discovered, one idea can lead to several patents. This has happened to them multiple times, showing the incredible value of each innovation we develop at JMP.
- Publishing and patenting can go hand-in-hand: For JMP, it’s not an either/or situation. Many of our patents have associated peer-reviewed publications. Sometimes, we even publish before we decide to patent, proving that you can share your work with the academic community while still protecting it.
Ultimately, a patent isn't just about corporate protection; it’s a form of validation for your innovative work. As Castro-Schilo's experience with the "status tab" showed, patents recognize our ability to identify a problem and solve it in a unique, interactive way that sets us apart from the rest.
If you have an idea or questions about pursuing a patent, consider contacting Clay Barker. He is a vital resource in this process.
Is this patentable?
The most challenging part of the patent process is developing a new mindset: consistently asking, "Is this patentable?" every time we create something new.
As Advanced Analytics R&D Director Ryan Lekivetz (@Ryan_Lekivetz), who holds 30 patents, explains, sometimes the most patentable parts of our work aren't the big ideas. "They’re the small, clever decisions we make during implementation," he said. "Things like how we structure the UI, optimize an algorithm, or handle edge cases can be surprisingly unique. When we’re writing up a paper or prepping a demo, it’s worth asking: Is there something here that gives us a competitive edge? If so, it might be worth protecting before we share it. We’ve seen this play out at JMP—some of our best patents came from those kinds of details."
To help you answer that crucial question, here are the four key criteria that make an invention patentable:
- Patentable subject matter: The invention must be a process, machine, manufacture, or composition of matter. This generally excludes things like abstract ideas, laws of nature, or mathematical formulas. For our work at JMP, this means focusing on the unique methods, algorithms, and interactive features we build into our software.
- Novelty: At least something about your invention must be new. It has not been previously disclosed to the public in any manner, whether through prior publication, patent, or public use. This is why timing is so important, as Morgan mentioned.
- Non-obvious: This is often the trickiest part. The invention must not be obvious to someone with "ordinary skill in the art." In other words, a person in the same field should not be able to easily figure out your invention based on existing knowledge and technology. Castro-Schilo's "status tab" is a great example—while the underlying statistical rules were known, the interactive application of those rules was not obvious and had never been done before.
- Is it useful? It must serve a practical purpose and be functional.
You can view a list of all currently-issued JMP patents here.
In addition to asking Clay for help, the folks you get to work with on the SAS side are awesome - Dwight Thompson, John Sieman, and Uneada Lester. They help guide you through the whole thing if it is decided we should pursue a patent after presenting to the SAS patent committee.
This was a very interesting read! Excellent job Ryan and team!
WOW! Congrats Ryan and Team!
Waow, I'm impressed by the number of patents ! Great job, congrats to all of you guys !
