Obama Makes Executive Orders On Patents
You'll see alot about this in the news, and I wanted to encourage any in the Gulch to have some facts-which is NOT what you're going to read in the news, although this Reuters article is more balanced. First, the recent increase in patent litigation is due mostly to disruptive technology exploding from a decade ago. That's how long it takes tech advances to work through the system to see patent litigation related to it. Tech advances were booming in 99-2000, so it stands to reason you'd see litigation cases increase. Second, new laws changed how litigation is handled. Before, if companies were infringing, they would initiate a case and lump all infrinders together in one case. This law means that each infringer will be sued separately. All of a sudden, you see higher numbers of cases, but the trend is no different and has been fairly stable over decades. The concept of "patent troll" is a straw man. Individual inventors who do not have the ability or interest to manufacture and sell their invention, can sell it to a holding company. These holding companies pay upfront for the invention if they see infringers and pursue the value of the patent in court. Remember, Google or whomever can pay to license what they are stealing-they take the risk. Finally, are there abusers? Sure, this is due to how our litigation system works. An analogy might be how do we stop the problem of ambulance chasing? Make an executive order that any lawyers with cars cannot sue on behalf of a client. It is a poor solution to the perceived problem. Not included in the executive orders (there were 5) is the pressing for legislation to place the litigation costs on the losing party in the case. This may go along way in curbing frivolous suits. Ours is a litigious society, and ultimately the "problem" lies with the legal system not so-called little mythical creatures. This news will be devastating to small inventors in this country. However, guess who it protects?
I call it The Google Protection Act of 2013. Once more, Google and the WH are thick as thieves
I call it The Google Protection Act of 2013. Once more, Google and the WH are thick as thieves
you are absolutely wrong about "One Click." It was a HUGE innovation. It provided easy ordering, increased security, and solved a major issue for online retailers. It also went against conventional wisdom of the time. It is why B and N stole the idea, and when they did, their online sales increased by 70%. My husband is a patent attorney, writes about IP issues, and has studied the claims in one click. We know it is an invention. On top of it all, B and N only had to change to two clicks to avoid infringing. Instead, they were so lazy, they copied Amazon exactly and spent millions on unnecessary, absurd legal fees. They should have been sued by their shareholders for wasting assets.
"patents on vague ideas": this concept is pushed by those who do not understand the law, do not know how to read a patent, and then make wild claims as to what the patent says and covers. Patents are the single most expensive, time consuming, and examined property right in the world.
"working model of the solution": You are required to show reduction to practice. Same wild claims are made by people who do not understand claim construction, the lengthy examination process. Give more specific examples. It takes skill to be an engineer, it also takes skill to draft and prosecute patents. There is both law and engineering involved. we always respond to people who spend ten minutes reading an article, then maybe the Abstract of a patent and make broad, sweeping generalizations that are unsupported by facts and law. irose, I understand people have hot emotions over this area of the law, but I demand we look at facts.
exactly.
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