Patents
U.S. Patents “Out of Bounds” or “Sheer lunacy”?
A recent article attempted to describe the procedural war zone that the patent process has become:
The U.S. patent system has veered off course and is being abused, executives of three top technology companies said Wednesday.
The problems include damages that are too great, patents for insignificant innovations and poor quality patents that haven’t been researched enough, participants said in a panel discussion at the AlwaysOn Stanford Summit in Palo Alto, California.
“The patent system, right now, is tilting out of bounds,” said Chip Lutton, chief patent counsel at Apple Inc. He compared the situation to a bubble market, as companies buy up patents just to use them to get overinflated awards. Courts have failed to rein in these speculators, he said. – [Yahoo/PCWorld]
The patent process in the US has simply failed to keep up with the technology. More importantly, it has failed to properly address the specifics of what defines new technology, and what criteria needs to be met in order for a company to be able to patent these new technologies. As a result, the patent system has been the target of unbelievable levels of abuse.
As I pointed out in a recent post. There are some companies whose only purpose is to patent as many ideas as possible, wait for another company to invest the time, energy and funds to make the idea work, then make a healthy payday by filing patent infringement suits.
The entire patent system needs an overhaul. I believe there is a use and place for patents, but as it currently stands, the patent system no longer functions, and no longer protects the risk takers and true industry innovators. It has been turned into an easy way for those who can’t to make money of the backs of those who do.
I don’t think the phrase “tilting out of bounds” properly captures what is going on. I think the patent process is far beyond bounds. I think it as crossed over to the realm of lunacy, and been completely out of control and for at least a decade and half now…
U.S. Patent System ‘Tilting Out of Bounds’ – [Yahoo/PCWorld]
Die, Patent Trolls! DIE!
At last, we find a judge who truly understands how patents are supposed to work:
A federal judge denied on Friday a request from a small Virginia company to stop the online auction powerhouse eBay from using its “Buy It Now” feature, which allows shoppers to purchase items at a fixed price. …
… In his ruling, Judge Friedman said the company was not irreparably harmed because it continued to make money from its patents, either by licensing them outright or by threatening litigation against those it believed infringed upon them.
“MercExchange has utilized its patents as a sword to extract money rather than as a shield to protect its right to exclude or its market share, reputation, good will, or name recognition, as MercExchange appears to possess none of these,” he wrote. – [New York Times]
This article is the most acceptable example of the correct disposition of a patent dispute. Particularly impressive is that the judge in this case appears to understand what is actually going on, and rules in a fair manner to all concerned.
Now if you didn’t pick up on my feeling about patents in general from the title of this blog, Let me spell it out. I think the whole patent system stinks. I know the issues aren’t easy to solve, but it seems like here in America, patents are less about protection and more about patent litigation as a career for fun and profit. Very irritating.
At least I now know there is at least one judge who isn’t a mindless patent zombie…
Judge Permits eBay’s ‘Buy It Now’ Feature – [New York Times]
Log In
My Thoughts…
Blogroll
General Info
Phyreblades Blogs
Famous Last Words
The Time Machine
| M | T | W | T | F | S | S |
|---|---|---|---|---|---|---|
| « Jan | ||||||
| 1 | 2 | 3 | 4 | 5 | ||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| 20 | 21 | 22 | 23 | 24 | 25 | 26 |
| 27 | 28 | 29 | ||||
Issues
Pick your Poison:
Easy Eavesdropping.
- Phyreblade on Objective vs Subjective Reporting
- dreadrocksean on Objective vs Subjective Reporting
- phyreblade on Giving relevance to the irrelevant…
- phyreblade on Giving relevance to the irrelevant…
- shamelesslyatheist on Giving relevance to the irrelevant…