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."

Comments

Re:Improve patent quality?

[timjdot]

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

Re:without the presumption of validity?

[morgan_greywolf]

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.

Re:So

[alicenextdoor]

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!