The patent examination process is rife with problems. Too often, patent law supports applicants seeking unwarranted monopolies—not the public interest. That’s why we get things like Amazon’s patent on white-background photography. This is especially true when it comes to software and so-called “business methods,” a catchall term for patents that are often granted for trivial innovations on well-known concepts, like financial hedging.
Fees from patent applicants pay about 85 percent of the budget of the U.S. Patent and Trademark Office, and the office very much serves those “customers” who are seeking patents—not the public.
In sum, there’s a very long way to go before the patent examination process becomes fair to the public. However, there are a few ways the process could be changed that we believe would deliver outsized results. That’s why when the U.S. Patent and Trademark Office (USPTO) asked for public feedback on how to improve the examination process, we were glad for the opportunity to weigh in with our comments.
Don’t Penalize Submissions Of Technology By Third Parties
The America Invents Act, passed in 2012, brought important changes to the patent system, including a review process on granted patents called inter partes review, or IPR. While the IPR process isn’t perfect, and needs to be strengthened, it’s been a big success in getting some of the worst patents out of the system, more cheaply and effectively than a court case.
The IPR system works because it lets other people submit evidence of “prior art,” a legal term for technology that pre-exists a particular patent. This system of allowing third parties to submit prior art is how EFF was able to This article has been indexed from Deeplinks
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