Hardware Hacker Proposes Patent and Education Reform To Obama
ptorrone writes "In a welcome turn of events, President Barack Obama spoke directly to the patent troll problem and the need for more comprehensive patent reform yesterday in a 'Fireside Hangout' — a live question and answer session (video) hosted in a Google+ hangout. The President was responding to a question by the prominent electrical engineer and entrepreneur Limor 'Ladyada' Fried of Adafruit Industries, who in 2009 won an EFF Pioneer Award for her work with free software and open-source hardware."
Good question, but the answer was way too evasive, without any real committments.
did he propose taxing hte rich? More welfare? Whatever the fuck gets his party votes? Sorry, no faith in Bush3
This is exactly the same thing he promised in 2008 .... and NEVER delivered. He didn't even discuss it for 4 years.
Patent trolls are just a particularly visible example of exploiting low-quality patents. The main difference between patent trolls as "non-practicing entities" and practicing entities is that the mutually-assured destruction pacts don't apply to them, because they don't themselves build things which they could be counter-sued over in a retaliatory patent suit. But MAD hardly fixes the problem in the rest of the sector: all it does is turn it into a cartel-like system, where IBM and Intel don't sue each other because of MAD, but Intel is perfectly happy to sue startups that try to enter their sector and compete with them. That kind of anti-competitive, turf-defending patent usage is actually considerably worse than patent trolls imo.
If the patents are high-quality, on the other hand, representing actual non-trivial inventions, then I don't see much of a difference between practicing and non-practicing entities. For example, university research labs sometimes invent some significant things which they then license to a third party to commercialize, which is perfectly fine (and an intended use of the patent system).
10 PRINT CHR$(205.5+RND(1)); : GOTO 10
who takes products off the shelf and resells them with breakout boards, never inventing anything herself, is going to save the patent system
yay
If reselling existing parts and coming up with cutesy descriptions for them is all it takes to be a "prominent electrical engineer", it's time to remove EE from universities.
[Obama] describes patent trolls as "a classic example," of the problem, and that "they don't actually produce anything themselves."
Whether a bad patent is wielded by a producer or a holding company does not change the fact that it should never have been granted. If we kill the trolls, we will still be left with the runaway, wasteful patent litigation over bad patents by companies that do produce things.
The problem is not production. The "patent troll" hobgoblin is misdirecting the patent backlash that should be directed at a patent system that is too powerful. We are getting bad patents because we grant them too easily and give too much enforcement power to those who hold them. That is every bit as true of the mobile patent wars between producers as with the network service patent wars of the trolls.
The "patent troll" misdirection is harming our ability to fix the actual problem.
Stop-Prism.org: Opt Out of Surveillance
I guess that's it for the focus on gun problems. Patent problems must be more important than mass elementary school shootings. Congrats on, once again, not even making a single attempt to improve the situation. Good job.
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The USA is increasingly reliant on its "intellectual property rights" now. Software patents help to maintain the status quo in favor of the USA for a while longer.
No matter how stupid and destructive software patents are, any US administration will fight hard to keep things the same.
The problem is dumb patents that do not advance the state of the art and provide no solution to anything. Most software patents are only problem statements and provide no solution to the problem at all, so they are totally worthless except to harass other people who actually invested the time and energy to solve the problem. If a patent describes something useful in a way that furthers the art, then no-one will have an issue with it. Every patent application should be accompanied by a working machine. Whether it costs 10 pence, 10 dollars, or 10 billion dollars to make that working machine - that will prove the value of the patent.
Excuse me, but please get off my Pennisetum Clandestinum, eh!
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Make it a requirement that patent applicants document all of their R&D expenses associated with the specific patent (no counting the same costs multiple times on multiple applications) and submit this information with the application.
Award inventors who are doing serious R&D a patent with strong protections. Meanwhile, "inventors" whose R&D consists of two peoples' salary for a month while they pulled something out of their ass and wrote it up can get a very weak patent protection (eg. compulsory licensing at low cost) or none at all.
Take, for example, another (short-lived) attempt to exploit the law for unjustified gain: the (now amended) statute on false marking of patents.
I think most Americans think we should have more enforcement against criminals fraudulently claiming an item is patented when it is not. Civil enforcement of the law was starting to work, but the patent bar complained and congress acted within months to protect patent fraud perps.
Patent trolls aren't the main problem. A Sony, Microsoft or IBM at the door of an innovator is a much larger problem than a patent troll. Trolls mostly attack companies already profitable enough to put up a fight. The main problems are 1/ that the patent office hands out too many patents by an order of at east 10,000x, and 2/ there is not compulsory licensing at a reasonable rate. Both problems could easily be addressed, but we have serious regulatory capture going on in the patent industry. The USPTO today exists to benefit patent lawyers at the expense of all other industry. Since the greater economy is the last thing on most politicians' to do list I don't have much hope that the problem will be addressed anytime soon.