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FTC to Examine Patent Application Process

Posted by CmdrTaco on from the i-wanna-patent-russian-dressing-flavored-soda dept.

Armchair Dissident writes "The BBC is running an article that suggests that the FTC is to look into the way that patents are reviewed and issued. If this article is correct it seems that many guesses as to how patents are issued were correct; with 95% of patent applications being approved. They may also address the issue of "patent trolls"."

15 of 307 comments (clear)

  1. Patent Trolls? by Nuclear+Elephant · · Score: 5, Funny

    Are you telling me Microsoft didn't really invent the double click?

    1. Re:Patent trolls? by ichimunki · · Score: 5, Insightful

      I know you're joking, but the patent system is based on a "first post" methodology. That is, if you and I both work on an idea at the same time, yet independently and unaware of the other, then I run down to the patent office to get my patent while you are still in the lab, I get the patent and theoretically have the privilege of excluding you from using your own invention.

      You ask me, that's problem number one that the patent system needs to solve. In the dot-com age it becomes especially important because the rapid pace of invention holds some real potential for destroying the prior art defense (i.e. if you and I both build a 15-click shopping tool for an online store within a very short time of one another, but one of us patents it first, how will the other successfully argue prior art?)

      --
      I do not have a signature
  2. For a moment I thought this was good... by Neophytus · · Score: 5, Insightful
    Until I read this:
    Top tier executives from Cisco, Intel, Ebay, Symantec, Chiron, Microsoft and Genentech are taking part.


    It's good to know the biggest corps best businessmen are going to decide on the next generation of patent law.
    1. Re:For a moment I thought this was good... by ctr2sprt · · Score: 5, Insightful
      Who else should they ask? They're not just going to pull random people off the street. The mess we've got now is at least partially a result of computer-illiterate politicians setting the rules. At least they're picking execs who probably know more about computers than how to operate the on/off button.

      We sure won't get a great patent system out of these guys, but we may get a better one. After all, most companies don't bother enforcing patents violated by individuals - they enforce those violated by other companies. That means that while MS, eBay, et al. are some of the worst abusers of patent law, they're also the some of the hardest hit by the abuses of others.

      This is a limited case of enlightened self-interest, which is why I'm optimistic we'll see some improvement. Even reducing the number of bad patents by 5% or eliminating some of the worst classes of them would be a big step.

    2. Re:For a moment I thought this was good... by Waffle+Iron · · Score: 5, Insightful
      The patent process is a business and legal issue, not an engineering problem.

      When they started handing out countless thousands of obvious and non-novel patents, it became an engineering problem. As in: A lot of engineers now have a problem getting their jobs done because they can no longer use the most straightforward and obvious approaches to implementing their projects.

  3. Not Everyone Understands the Patent Situation by Anonymous Coward · · Score: 5, Informative

    Here's an editorial discussing and explaining exactly the patent issuing problem in US.

  4. Finally- by thewldisntenuff · · Score: 5, Insightful

    We're working towards a solution...Suprised that MS is on the list of supporters....

    But note the end, which states -

    "The last major changes to patent law were in 1952 and there is no legislation before Congress which means that ideas like a patented method for picking up a box by bending your knees may well continue for some time. "

    So let's not hold our breath, eh?

    --
    My MythTV HowTo
    1. Re:Finally- by NeoThermic · · Score: 5, Funny

      >>So let's not hold our breath, eh?

      Until they patent breathing through biological devices that exchange oxygen for carbon dioxide...

      NeoThermic

      --
      Use my link above, or to view my server, NeoThermic.com
  5. Pay me royalties! by MalaclypseTheYounger · · Score: 5, Funny

    I just took out a patent on running articles that suggest that the FTC is looking into the ways that patents are reviewed and issued.

    1. Make a Patent.
    2. Enforce the Patent.
    3. Profit!!

    --
    Check out the best P2P sharing website: MEDIACHEST.COM
    1. Re:Pay me royalties! by molarmass192 · · Score: 5, Funny

      You aren't maximizing your profit potential with a 3 step process. It should be like this:Real,
      1. Make a Patent.
      2. Sock patent away in filing cabinet until 1 year prior to expiration and concept is in widespread use.
      3. Enforce the Patent.
      4. Profit!!

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
  6. Look out Forgent and Microsoft! by newt_sd · · Score: 5, Interesting

    Any chance this could render some of the more idiotic patents worthless.

    Case in point
    Microsoft and their double click of death

    and

    The guy who patented swinging in a swing?

    ITS ABOUT TIME THIS WAS REVIEWED

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    ***I GOT NUTHIN***
  7. patent trolls by nanojath · · Score: 5, Insightful

    funny responses all used up (darn) so here's the informative one...

    "patent troll (PAT.unt trohl) n. A company that purchases a patent, often from a bankrupt firm, and then sues another company by claiming that one of its products infringes on the purchased patent.. --adj."

    Via The Word Spy http://www.wordspy.com/words/patenttroll.asp

    --

    It Is the Nature of Information to Transgress Artificial Boundaries

  8. The article spells out the problem pretty plainly by Weaselmancer · · Score: 5, Interesting

    The National Academy of Sciences is calling for more funding for the patent office where 3,000 examiners handle 350,000 applications a year with an average of 17 to 25 hours to check on the validity of a patent application.

    Businesses claim a lack of due diligence at this stage often results in patents being granted that should not see the light of day.

    There you have it, the entire problem in a nutshell. Too much work, and not enough people.

    And I have a solution.

    Public review for patents. Open source meets patent reform.

    Here's how the new system might work. Someone applies for a patent, and it gets posted to a website for public review.

    That gives the public the ability to search for prior art. If prior art is found, even after the patent is granted...zap. The patent is invalid. And if the prior art is more than...say 5 years old, the idea is now public domain and no longer patentable.

    Also, widen the definition of prior art. Best example of that I can think of off the top of my head is Intel patenting a method to detect overclockers. Measure the cpu clock versus an internal clock. Compare. If they differ by more than a small percentage, shut down. In other words, they managed to patent a binary counter. Bogus. Simply using an established widget in a new way shouldn't be patentable. No more Bezos "with a computer" patents.

    And no patent should be granted for more than 5 years or so. This is important, otherwise we could wind up in a technological backwater. Small countries (with no extradition treaties with the US) would be the next Silicon Valley. You think you're being outsourced now? Just wait until you can't program at all in the US due to fear of litigation.

    I think that it should be possible to have an idea, patent it, and make your million. But not at the expense of the entire tech sector.

    Now if you'll excuse me, I'm off to go double click something. ;^)

    Weaselmancer

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    Weaselmancer
    rediculous.
  9. Re:Patent Trolls, Patent Insightfuls by fred_sanford · · Score: 5, Funny

    Then all our patents would be classified as "Overrated", "Funny", or "Troll"...

    Don't forget Overrated, Informative, and Interesting you insesitive clod!

    ...and especially Redundant would apply as well.

  10. no overall.... by zogger · · Score: 5, Insightful

    .... IT union = zero political power. Always voting for a democrat or republican = zero political power.

    No political power = zero economic power.

    Zero economic power = modern technofeudalistic serfdom for the producers,and getting worse daily.

    I am constantly amazed how so many really *quite smart* people haven't bingoed to this yet.