Slashdot Mirror
IEEE Proposes New Class of Patents
cheesedog writes "The IEEE Spectrum proposes a new type of patent that wouldn't require formal examination, would cost significantly less than traditional patents, would last only 4 years from date of first commercial product, and which wouldn't carry a presumption of validity. These 'limited patents' would be attractive to innovators in the fast-moving high-tech industry that can't wait 18-24 months for patent approval, and would help improve patent quality by populating the USPTO's prior-art database more efficiently. Additional commentary on this proposal is available."
Check out http://www.shouldexist.org/. ShouldExist is a superb place to anti-patent ideas. I will not be surprised if a fair number of software patents being filed have been already mentioned on ShouldExist.
TimJowers
Expect Freedom.
Exactly.
Imagine Acme Corp. files a 'limited patent' for Widget X and it's granted without examination. My widget, Widget Y does the same thing as Widget X, and it's actually got a real patent pending and has been on the market for 3 years.
However, Widget Y hasn't been selling very well due to my inability to market the product, and well, I can't afford good legal representation. So I can't sue Acme Corp. at all... worse, Acme Corp. notices my product and decides to sue me! Since Acme got their 'limited patent' first and mine is just pending, Acme wins!
Screw that. It sounds like a patent abusers' wet dream.
My blog
This has already been tried, in Australia. In fact, the law won an IgNobel prize for John Keogh and the Australian Patent Office for patenting the wheel in the year 2001. Apparently he did it to demonstrate that the new patent laws were pointless. I have no idea if his patent has ever been challenged in court!
of course, biting monkeys is not to everyone's taste - Konrad Lorenz
Everyone on /. consistently bashes the current IP/patent system and the PTO, always offering heaps of reasons why it sucks.
This guy, an actual *professional* in that field, comes up with some ideas and spends the time to think them through, document them, review them with peers, and even has a huge body (IEEE) behind him.
Yet 90% of the posts on here are negative, with absolutely no substantial suggestions that would improve the situation.
-David
I see a lot of comments from people that obviously didn't read the article. Some have made some good points, for those that did.
After reading the article, the solution proposed is a good solution IMO. A patent granted through this system solves many of the problems with the current patent process.
1. Eliminates the upfront burden on the patent office.
2. A patent is only enforceable if a commercial product is produced by the patentee. That's a biggie. This gets rid of the current batch of "IP" companies, whose sole existance is pumping out patents and litigating. No product, no enforceable patent.
3. The first step in any litigation is an examination by the USPTO.
4. These mini-patents can be challenged via prior art with a small fee.
5. It will help build up the prior art database, which should allow the USPTO to be quicker in making prior art determinations in any examinations they have to do.
Although people might bemoan the fact that this would grant a lot of trivial patents, those same trivial patents also mean that prior art has been established. Those trivial patents are meaningless unless a commercial product is produced. And if it's trivial, then chances are it will be easily refuted upon a full USPTO examination. Which means you've now established both prior art and refuted the patent, both of which can be referenced by the USPTO directly for later patent examinations, which should help them make determinations for prior art quicker.
Since the fee involved with one of these patents is small, it will also mean that people would be free to submit patents for the sole purpose of establishing prior art, even if they have no intent of bringing a product to market. This could be used to actually prevent folks from taking out trivial patents in the future, making a product, and then trying to enforce it, since a prior patent had already been issued. Even if that prior patent is not enforceable, it still establishes the prior art, thus invalidating the subsequent patent.
Would love to see someone's reasoned arguments as to what the pitfalls might be under such a system.