If you don't believe me, read the latest rant from a young entrepreneur on the receiving
end of a software patent lawsuit from a troll.
These
kinds of software patents were especially popular with patent trolls who used them to attack startups and other productive companies.
The
flood of software patents has created an environment where companies are afraid that innovation and growth leads to being hit by patent lawsuits.
Two recent Patent Appeal Board decisions issued on behalf of the commissioner of patents in 2016 reflect the challenges in obtaining some types
of software patents in Canada, especially claims to business methods and the like.
Some critics, like Internet billionaire Mark Cuban, say the best way to fix the system is to just get
rid of software patents altogether.
Other tech companies, including Microsoft (s msft) and IBM, have taken a different view of the case, suggesting in their briefs that Alice Corp's patents are not appropriate but expressing approval for other
types of software patents.
Critics say the Federal Circuit's handling
of the software patent case, which is being argued in the high court on March 31, underscores the need for Supreme Court intervention.
The Alice case dealt with patentable subject matter, the Court invalidated
claims of a software patent as too abstract, and many wondered what effect it would have on patent litigation.
While other conferences have focused on describing, or even debating, whether a problem exists in the current
state of software patents and NPE lawsuits, Santa Clara's most recent conference began with the presumption that the current system is problematic, thus focusing on solutions.
Many
thousands of software patents — particularly the vague and overbroad patents so beloved by patent trolls — should be struck down under this standard.
The
holder of software patents for lip - sync animation technology urged the Federal Circuit on Wednesday to not rehear its September decision that found the asserted claims patent - eligible under Alice, arguing that Electronic Arts and other gaming companies are trying to gin up a...
The bottom line is that open source foundations provide a great platform for lawyers to promote their services, but those lawyers are typically in
favor of software patents and benefit from software patent litigation.
With over 15
years of software patent, trade secret, and copyright litigation experience, LeRoy is recognized for his IP management strategies and work in the courtroom.
Trolls are heavy
users of software patents, and they often use exactly the kind of questionable software patent the Supreme Court rejected in its June decision.
In recent years, the top court has issued a series of unanimous rulings overturning the Federal Circuit, and is poised to smack it down again in the
field of software patents.
The outcome of this case has big implications on the
future of software patents, the often broad and vague patents stockpiled by trolls and tech companies alike.
A recent study concluded that, even under today's highly permissive standards for patentability, about 50
percent of software patents would be found invalid if challenged in court.
In the past two decades, the US Patent Office has handed out
millions of software patents that critics say cover obvious technology or that reflect basic concepts that shouldn't be patented in the first place.
Not only is abolition the right policy on the merits, but clearly advocating the
elimination of software patents makes it more likely Congress or the courts will adopt more modest reforms.
Although not legally binding, this pledge indicates that the company publicly renounces the aggressive
use of software patents on startups.
With the conference at Santa Clara, public participation in finding prior art and learning about the patent process on AskPatents, and continued legislative scrutiny of our patent system via the SHIELD Act, perhaps
critics of software patents and troll proliferation will receive more than a lump of coal this holiday season.
The comment period closed just recently, on April 15, 2013, and over 50 comments are posted online discussing various
aspects of software patent reform.
Without the USPTO granting
slews of software patents, however, there would be fewer patents for these non-practicing entities to assert.
The proposed fixes include shorting the
length of software patents, requiring running code to be included in patent applications, and codifying an innocent infringers defense.
Since software patents have boomed, we've seen no corresponding boom in software growth and innovation; to the contrary, that growth maintained the steady pace that existed long before the
advent of software patents.
«The ArrivalStar patent is an example of the current chronic
misuse of software patents,» said Jason Schultz, EFF Fellow and Co-Director of the Samuelson Clinic.
Since that ruling was handed down, a large
number of software patents have been invalidated in the Federal Circuit and in district courts.
Google and Twitter have been leading critics of the patent system while many experts have called for the reform or
abolition of software patents.
The whole landscape of software protection has changed dramatically since the 2014 Alice v CLS Bank case which made it easier to challenge the
validity of software patents.
When I go around and talk to other entrepreneurs, what I hear is that they're afraid that if they become successful, they're going to be targeted by patent trolls... What are you planning to do to limit the
abuse of software patents?
Due to the difficulty of a crowd - sourced or legislative fix and continued distress over the
state of software patents, academics and domain experts gathered at Santa Clara Law School in November to discuss a wide array of solutions.