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Companies Support the Patent Reform Act of 2007
Patents will be harder to get, easier to challenge
by KathrynV Saturday 04-Aug-2007 tags: legislation
Tipped by ThrowDemsOut See Profile
Heads of major companies like Google, Apple and IBM have shown support for the Patent Reform Act of 2007 which is currently making its way through Congress. These companies argue that “the U.S. patent system has veered off course and is being abused” with “damages that are too great, patents for insignificant innovations and poor quality patents that haven't been researched enough”. It’s certainly true that patent litigation has been common lately, with the Broadcom/ Qualcomm issues, the BlackBerry problems, and the Vonage ruling all taking up time in the courts. The new bill “would make it harder to get a patent and easier to challenge one, and it would change how courts determined a patent's value.” If you want to learn more about the bill, you can read the legalese here or get the Wikipedia version.

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MrMoody
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Smithfield, NC

About time

I hope this curbs the abuse.

ThrowDemsOut
If you can't convince 'em, confuse 'em
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Mullica Hill, NJ
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Re: About time

said by MrMoody:

I hope this curbs the abuse.
The key will be if the patent office will be given the authority(and if the courts back them) to reject ridiculous patents on things like "linking to applications in web pages" or patenting methods( »www.cs.unimaas.nl/p.spronck/Ridi···ents.htm ) to achieve something.
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atuarre
Here come the drums
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College Station, TX

RE

While I agree that a reform is necessary, I think this type of reform is just another way for one company to use the same kind of technology, that was developed by another company, and to make it much more difficult for the company where the technology originated to protect its intellectual rights and designs.

If that is the case, then perhaps we should have every major company re-submit their patents and see if they pass or fail in a post reform world. I guarantee you will not see Google, Apple, or IBM rush to step up to the plate to re-submit those patents.
SD6

join:2005-03-26

Re: RE

said by atuarre:

While I agree that a reform is necessary, I think this type of reform is just another way for one company to use the same kind of technology, that was developed by another company, and to make it much more difficult for the company where the technology originated to protect its intellectual rights and designs.

Good comments. The large tech companies have a lot to gain here, and they are not just worried that patents are too easy to get. The Supreme Court just fixed that two months ago. They use the patents of others, a lot more than others use their patents.

They want patent rights to depend on how quickly you file your official patent application, which is fine if you are a big company with a lot of lawyers on retainer. Raising the bar for getting a patent is OK, but making it harder/more expensive to go through the process is not OK and is self-serving.
vicorjh
Premium
join:2007-06-24
Arlington, MA

Re: RE

Excellent. I agree with your analysis.

The end-game will simply benefit the large cash rich corporations and leave the small inventor in the dust.

The large portion of abuse(s) in the current patent system could likely be handled by requiring the patent holder to show that they have actually produced a product containing the patent subject (if they being an infringement suit). It seems to me that many of these IP holding firms have no intent or have never actually produced anything based on the patents they file (most of which seem to be obvious or based on prior art/implementation).

ColorBASIC
8-bit Fun
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Corona, CA

Hopefully Rates Technology with be put out of business by it

I hope for a swift demise of the patent troll outfits blackmailing and extorting money from everyone.
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yock
TFTC
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Miamisburg, OH
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Beware

Beware of companies with large patent portfolios supporting patent reform. I'm not saying that patent reform isn't needed, but lets make sure that the changes will actually help.
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sbrook
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Re: Beware

Indeed. I think that patents need to apply to more than something like a "window", or a "hyperlink" or a "click box".

Generic concepts for doing things should not be patentable. Novel approaches for doing things are what should be patentable. And no claiming patents on things that are already in the public domain unless they display a granted patent reference. Pat Pending is not good enough. How many years were can openers "Pat Pending"?
kaila

join:2000-10-11
Lincolnshire, IL

Don't stop with patents......

We need copyright reforms as well.
ricep5
Premium
join:2000-08-07
Jacksonville, FL

Re: Don't stop with patents......

said by kaila:

We need copyright reforms as well.
Agreed, the "Disney" effect of having Congress extend the copyright expiration to protect Mickey is getting out of hand.

Public Domain is there for a reason.

MrMoody
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Smithfield, NC

Re: Don't stop with patents......

Yes, but unfortunately all the corporations are on the other side in that one.

bingo

@verizon.net

patent abuse

make non-confidential disclosure agreements illegal too
Aleck79

join:2003-07-23
College Station, TX

effect on Microsoft's claims about linux?

I wonder what type of effect that this would have for these claims. It said it would "make challenges easier" but i guess so far microsoft hasn't said what to challenge.

hopefully it will help here.
jasso

join:2004-11-15
Chico, TX

Re: effect on Microsoft's claims about linux?

I'm pretty sure Microsoft's claims of patent infringement by Linux/Unix are just that, claims. They have had over a decade to analyze the Linux kernel (it's not exactly kept a secret, is it). Yet even after the claims of infringement, they still haven't filed a case against developers. If they haven't yet, they never will. Most people realize that the only reason Microsoft is going after Linux is because it is more of a threat now then it used to be to them. And since they can't buy out something that is spread freely, they are going to try to scare people away from it.

81399672
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join:2006-05-17
Los Angeles, CA
kudos:2

Bad Idea

Really bad idea, what it will mean is you produce a product and someone can change it a little and it will hard for you to sue them in court
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bmn
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Premium,ExMod 2003-06
join:2001-03-15
hiatus

Ban software patents !

Banning software patents would be a very good start in reforming the patent system in America. When you can patent something like "Buy It Now!" ( »arstechnica.com/news.ars/post/20···364.html ) or "One Click" ( »cse.stanford.edu/class/cs201/pro···zon.html ), something is VERY, VERY wrong.
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Prove it...
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KrK
Heavy Artillery For The Little Guy
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join:2000-01-17
Tulsa, OK

Re: Ban software patents !

Agreed. Software is protected by copyright. If someone writes their own code to do something you already did, you shouldn't be able to sue them for it--- unless they stole YOUR code.

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