Techies oppose US patent reform bill
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Mr. WebTV mounts forces More than 430 organizations spanning all fifty US states have fired off a letter urging Senate leaders to oppose a bill that would overhaul the country's patent system. And that includes tech outfits like Qualcomm and AmberWave.â¦
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IP lawyers find support for IP laws Businesses and academics would oppose any watering down of the patent examination process, a new report has found.â¦
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Three prominent open-source software developers have urged the EU to reject a law that would codify the practice of granting software patents in Europe.
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A legal row between Microsoft and AT&T about overseas patents heads to the US Supreme Court.
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The U.S. House of Representatives hasÂ passed a bill to overhaul the nation's patent system, overcoming objections by many Republicans, small inventors and some labor unions.
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Nanotechnology is confronting the U.S. with a familiar problem - assessing claims of innovation that do not match up neatly with the way patent examiners are trained to categorize them.
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(InfoWorld) - Technology industry executives are pushing the U.S. Congress to reform the way patents are issued in order to process them more quickly while also making sure they are legitimate. Patent reform was one of the major issues discussed at the Tech Policy Summit Monday in San Jose, California. Patent reform legislation considered, but not passed, in Congress last year is expected to be reintroduced. Among the key provisions sought is the hiring of more patent review specialists by the U.S. Patent and Trademark Office, which one critic at the conference said has a backlog of as many as 1 million applications. Another provision would make it more difficult for so-called patent "trolls" to acquire a patent, claim another company infringed on it and then force the company to pay a settlement in order to keep its business going. Lastly, reform advocates seek an improvement in the quality of patents, pointing to cases where patents are issued for innovations that are not unique. They also propose a post-patent review process. In a speech Monday night at the summit, Deborah Platt Majoras, chairman of the U.S. Federal Trade Commission, endorsed the idea of post-patent review. "Patents are not a driver of innovation, they are an impediment to innovation," said Mark Lemley, a professor of law at Stanford University Law School, speaking at the summit. "Everyone has an example of silly patents, such as the cat exerciser laser pen," Lemley said, but the problems with the patent law are more serious than that. Often, one company asserts a patent right against another company and forces that company to stop production until the patent issue is resolved. "The patent holdup forces the company to settle for more money than the patent is worth," Lemley said. There are also delays in the process of approving patents. SAP AG, the enterprise software maker, once had to wait 44 months until a patent application was approved, said Tim Crean, chief intellectual property officer and a member of the Coalition for Patent Fairness, an industry group advocating reform. An official of the U.S. Patent and Trademark Office said the agency is planning to hire 1,200 patent specialists in fiscal year 2008. The patent office receives half of its patent applications electronically and wants to increase that number. Last year it approved 350,000 patents. But some at the summit want Congress toÂ move cautiously on patent reform. A group called the Innovation Alliance was recently formed to protect companies that patent technology but don't manufacture it. Taraneh Maghame, vice president and emerging technologies counsel for Tessera Technologies, said attempts to limit the rights of companies to defend patent rights could harm legitimate patent protection efforts of some companies. Tessera develops chip packaging technology and licenses it to chip manufacturers, such as Intel. "Not all of the tech industry is behind patent reform," Maghame said. Close to 300 people, including tech executives, advocacy groups and government officials, were expected to attend the Tech Policy Summit, which continues Tuesday.
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A campaign to raise awareness about software patents has found strong opposition to their introduction in the United Kingdom.
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(InfoWorld) - The U.S. House of Representatives hasÂ passed a bill to overhaul the nation's patent system, overcoming objections by many Republicans, small inventors and some labor unions. Passed on Friday, the Patent Reform Act,Â supported by several large tech vendors including Microsoft and IBM, would allow courts to change they way they assess damages in patent infringement cases. Currently, courts generally consider the value of the entire product when a small piece of the product infringes a patent; the bill would allow, but not require, courts to base damages only on the value of the infringing piece. The bill would also allow a new way to challenge patents within one year after they've been granted. The HouseÂ passedÂ the ActÂ by a vote of 225-175. The Senate has not yet acted on a similar piece of legislation. However, the White House Office of Management and Budget (OMB) issued a statement on Thursday saying it opposes the bill. It said that the changes in assessment of damages would "introduce new complications and risks reducing incentives to innovate." The OMB objections raise the possibility that President George Bush could veto the legislation. Large tech vendors have been pushing for patent reform for close to five years. The Software & Information Industry Association (SIIA), the Business Software Alliance, and the Computing Technology Industry Association, all praised the House for passing the bill. House passage is a "significant step toward improving our patent system," said Mark Bohannon, SIIA's senior vice president of public policy. Asked about the OMB's opposition to the bill, Bohannon said recent changes have addressed many concerns. Apportionment of damages, one of the OMB's major concerns, needs to change, he added. "If we don't address the problem, we're not going to improve the system," he said. Many Democrats and some Republicans argued the bill is needed because patent infringement lawsuits have gotten out of hand. It's too easy for patent holders to sue and collect huge damage awards when a small piece of a tech product is found to infringe, supporters argued. The patent system "is getting near broken," said Representative Howard Berman, a California Democrat and primary sponsor of the bill. "Doing nothing is not a good answer for a Congress that wants the economy strong." Opponents argued the bill favors tech giants at the expense of small inventors. "The legislation ... helps a small group of powerful people," said Representative Dana Rohrabacher, a California Republican. Representative Marcy Kaptur, an Ohio Democrat, noted that between 1993 and 2005, four major tech vendors supporting the bill paid out US$3.5 billion in patent infringement settlements. But those same unnamed tech vendors had revenues of $1.4 trillion during that time period, she said. Tech vendors want to reduce patent infringement costs "not by changing their obviously unfair and often illegal business practices, but by persuading Congress and the Supreme Court to weaken U.S. patent protections," she said. "We ought to stand up for American inventors." The bill also sets into motion a change in the way patents are awarded, from the first-to-invent system unique to the U.S. to the first-to-file system used by the rest of the world.
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The debate heats with some tech companies pushing Congress and the FCC to restrict spectrum use in latest auction.
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WASHINGTON - Technology and financial services firms won a key patent reform victory yesterday when the House approved legislation, 220 to 175, that the industries have pushed for years.
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The Internet Engineering Task Force has nixed Microsoft&#39;s Sender ID proposal because of patent concerns. By Thomas Claburn. The Internet Engineering Task Force, an international standards organization, has
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BRUSSELS -- The European Union's (E.U.'s) planned software patent rules represent a major threat to interoperability unless specific exemptions are made to the legislation, participants at a conference on the issue heard on Tuesday.
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Just two days after the House version of a sweeping patent reform bill passed the US House of Representatives by a voice vote - meaning the supporters were obviously louder than the opponents - the bill as reported to the Senate swept through the Judiciary Committee, most likely with very few amendments.
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The case has outraged some opponents of software patents, who claim it is a textbook example of why software should not be patentable.
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A U.K. foundation gathers testimony from British businesses and coders opposed to software patents.
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While the US Congress continues debate on new patent reform legislation that would likely limit the amount that aggrieved parties could receive in infringement suits, the Supreme Court has agreed with a Justice Dept. request to hear a critical case. Its outcome, one way or the other, may not only impact technology patent law but also how manufacturers mix Intel and AMD parts, and also how - believe it or not - how digital music stores sell MP3 tracks.