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IBM Breaks Patent Record, Wants Reform

An anonymous reader writes "IBM set the record for most patents granted in a year for 2006. At the same time, IBM points out that small companies earn more patents per capita than larger enterprises and pushes for reform to address shortcomings in the process of patenting business methods: 'The prevalence of patent applications that are of low quality or poorly written have led to backlogs of historic proportions, and the granting of patents protecting ideas that are not new, are overly broad, or obvious.' And the company has been committing itself to a new patent policy: 'Key tenets of the policy are that patent quality is the responsibility of the applicant; that patent applications should be open to public examination and that patent ownership should be transparent; and that business methods without technical content should not be patentable.'"

4 of 130 comments (clear)

  1. Ability to revoke patents? by PurifyYourMind · · Score: 5, Insightful

    How about changes to make it easier or even possible to revoke bad patents?

    1. Re:Ability to revoke patents? by Dufftron+9000 · · Score: 5, Interesting

      It is possible to revoke patents. It happens regularly, along with re-examinations prompted by either patent holder or a third party.
      http://www.uspto.gov/web/offices/pac/mpep/document s/1300_1308_01.htm#sect1308.01

      The whole system is fairly transparent and the new proposed peer review system would be a great opportunity for you to provide all this prior art that you claim exsists so the the examiners can have access to it. They get a limited amount of time to try to find something and if they can't find anything there are limits as to the legal definition of obviousness that can be applied to reject an application.

  2. Patents are both good and bad by sygin · · Score: 5, Insightful

    The patent system needs to be updated to reflect the world we live in now, not the world hundreds of years ago. There are many examples of patents holding back progress.

    Retina scanning is a typical example of this. One group/person holds most of the patents on this tech, how many times have you had your retina scanned? There is an only a few obvious methods to get the job done and the patent holder controls all of them. I guarantee that when those patents expire, we will have mainstream retina scanners everywhere.

    For a start:
    1. tech patents should have a shorter lifespan.
    2. Getting a software patent should be damn nigh impossible.

    --
    Don't make your problems my problems!
  3. The Open Source Community can't trust IBM. by btarval · · Score: 5, Informative
    Oh, with all due respect, I think you are seriously understating the problem. IBM explicitly demonstrated this only too well last month.

    What isn't getting reported (at least not on Slashdot, for whatever reason) is that IBM's current actions are schizophrenic, if you view them in the best possible light. In the worst possible light, these actions can be viewed as an attempt to by-pass the Patent Office. To make absolutely certain that the big guys retain control over the process, and aren't pestered again by the little guys.

    A superb example of this is the fact that IBM is ACTIVELY fully supportive of Software Patents, and has even used what appear to be rather bogus ones (against a company which is using Linux, no less), in order to stifle the competition.

    I'm speaking about IBM's lawsuit last month against Platform Solutions. Here's one quote and link from a press article:

    "IBM's decision to sue Platform Solutions is another indication that the company is becoming more aggressive about defending its intellectual property in an effort to extract more revenue from its extensive patent trove."

    There are other links if you do a Google search; but it's pretty clear that IBM wants to keep this as quiet as possible.

    The point remains though, that IBM is being extremely agressive with Software Patents, against what appear to be Linux-based products. And anything IBM says about "improving the quality" is utter BS. Their priority is to improve the bottom line.

    Sorry if that pops some people's bubbles about IBM. There is no question that IBM has been helpful to the Open Source community. But it's quite clear that this only goes so far. And as long as they are actively working as a Patent Troll to stifle competition, IBM cannot be trusted.

    Let us hope that it doesn't go so far as submarine patents. But honestly, I've never seen a big company play nice out of the goodness of their heart yet, when it comes to their competition.

    IBM might have struck me as leaning that way before last month. But not any more.

    --
    The best way to predict the future is to create it. - Peter Drucker.