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US Senate Targets Patent Trolls

New submitter jeffkoch writes: Last year, the United States Senate failed to pass bipartisan legislation to combat patent trolls when it was killed by then-Majority Leader Harry Reid of Nevada. Congressional-insider newspaper Roll Call reports today that, "Knowing Reid would no longer control the Senate's legislative schedule in 2015, staff for John Cornyn, (a Republican from Texas), and Charles E. Schumer, (a Democrat from New York)", began work in February to assemble a new bill and to build support among fellow members of the Senate. Patent law is usually not a partisan issue, and President Barack Obama has called for getting an overhaul to his desk on several occasions including in his 2014 State of the Union speech. The last overhaul of United States patent law, the America Invents Act, took several years to be developed. The U.S. Congress is likely to act on the proposed legislation before they recess in August. "Patent trolls are taking a system meant to drive innovation and instead using it to stifle job-creating businesses around the country. Main Street stores, tech startups and more are being smothered by the abuse that is all too common in our patent system, and it's time for that to end," Schumer said in a statement. "This bipartisan bill shifts the legal burden back onto those who would abuse the patent system in order to make a quick buck at the expense of businesses that are playing by the rules."

13 of 56 comments (clear)

  1. The likely outcome by killkillkill · · Score: 5, Interesting

    Large corporations will gain protection from patent trolls and small legitimate patent holders.

  2. Re:One thing I can say about John Cornyn - by MickyTheIdiot · · Score: 2, Informative

    Really? If you don't think Gohmert is embarrassing then maybe you need to sit at the kids table for a while. Gohmert has me convinced that the House of Representatives is just a massive program for the mentally challenged to get jobs.

    Shelia Jackson Lee is horrible, but Gohmert isn't fit for ANY job.

  3. Overly-wide interpretations by Tablizer · · Score: 5, Interesting

    The biggest problem appears to be allowing wide interpretations of patents and ignoring what would be obviousness in the eyes of most practitioners. Here are some suggestions:

    1) A jury-like panel of practitioners to judge obviousness.

    2) Spell out that merely emulating common physical actions or behaviors should not be patentable, only specific algorithms of such emulation.

    3) Reject the mere combining of existing ideas unless the combining is judged non-obvious (#1).

    4) Limiting the percentage of revenue a medium or large company can receive from patent royalties.

    5) An independent quality review board to make sure approved patents are not overly broad. They'd randomly sample patents.

    1. Re:Overly-wide interpretations by HiThere · · Score: 2

      There's that, but there's also the question of how small a percentage of those "skilled in the art" should need to consider something obvious before someone is granted a monopoly on it? To me it seems that this percentage should clearly be much less than 1% if there are 1000 skilled practitioners of the art. If there are more than 10,000 practitioners it should clearly be less than 0.1%. This would require an unwieldy jury size.

      So I propose that if there is an independent invention of the same invention the patent should be immediately voided...or at least converted from a monopoly to a duopoly. (FWIW the telephone had three patents applied for by different people before the first one was granted. Why should *one* of them be granted a monopoly? [I think all three were in the US, and that the one in Russia is not one of the three, but this could be a mistake.]) But note that my proposal does not require that the separate invention be filed for before the first patent is granted. It's my belief that most "inventions" are never patented because the inventor considers them obvious. So the main result of patents is to retard the state of the art and centralize control...and that it's the centralization of control that is the main driving force behind the clamor for patent protection.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  4. Re:And.. by MrBigInThePants · · Score: 4, Insightful

    Way to point out the obvious....of course they will.

    But the lobbyists on BOTH sides will descend and americans only get to grab the popcorn and watch to see whose corporate money wins.

    American "democracy" in action....

  5. Sen. Reid didn't kill it; filibuster threats did by Saanvik · · Score: 4, Informative

    Sen. Reid said that the reason they didn't bring it to a floor vote is that Senators from both parties had made it clear they would filibuster the bill, so there would be no vote.

    There were some good reasons for the resistance. Some of the compromises made in the Senate to the bill last year were a gift to large companies because it would limit the rights of those seeking redress for patent infringement.

    Even Sen. Leahy, the bill's primary sponsor in the Senate admitted that. He said,

    “If the stakeholders are able to reach a more targeted agreement that focuses on the problem of patent trolls, there will be a path for passage this year, and I will bring it immediately to the Committee.”

    Source

  6. Vice Versa by PopeRatzo · · Score: 3, Insightful

    Does anyone else care to bet that any bill coming out of the Senate to curb "patent trolls" is going to end up extending patents even longer and basically making the patent system even worse? Does anyone believe that the result of this legislation will be patent law that does a better job of encouraging innovation?

    John Cornyn and Chuck Schumer are two of the biggest corporatists in the Senate. They're not looking to make the patent system work better for anyone but their donors. I don't trust them to do anything good when it comes to intellectual property laws.

    --
    You are welcome on my lawn.
    1. Re:Vice Versa by Theaetetus · · Score: 2

      Does anyone else care to bet that any bill coming out of the Senate to curb "patent trolls" is going to end up extending patents even longer and basically making the patent system even worse?

      Guaranteed they don't get longer. Patent term hasn't been extended since 1861*. Unlike copyright, where you've got big copyright owners with tons of money lobbying on one side vs. poor pirates on the other, and BMG and Sony have no interest in using each others' copyrighted works, in patents, everyone may want longer term for their own stuff, but shorter term for their competitors'. So, like if Microsoft started lobbying for longer patent term, Apple and Google would lobby against them. And vice versa.

      *It did go from 17 years from issue to 20 years from filing, to comply with an international treaty, but it took about 3 years from filing to get issued, so there wasn't any real change. It's actually arguably shorter now, because there aren't submarine patents that can last decades.

  7. Re:And.. by Em+Adespoton · · Score: 2

    ..the lobbyists descend like vultures and kill the bill in 3....2....1....

    Probably not; who do you think actually wrote the bill?

    Of course, what you think the bill is meant to do and what the bill actually accomplishes may be worlds apart.

  8. Re:And.. by Sarius64 · · Score: 3, Interesting

    I saw a pro-patent commercial just a few minutes ago on a news site. The absurdity of the message caught me. "Inventors will top inventing if the patent laws are weakened". What an utter load of horseshit. How about we return those patents to 1789 rules and let the cards fall.

  9. Re:Sen. Reid didn't kill it; filibuster threats di by Saanvik · · Score: 2, Interesting

    When it comes to stuff like this, it's better to go straight to the source, rather than repeat things you've heard.

    Senator Reid did not "all but admit" to lying. Take a look at the actual interview, starting at 2:45 in the video:

    Bash: "So no regrets about Mitt Romney about the Koch brothers ... because some people even call it McCarthy-like"
    Sen. Reid: "They can call it whatever they want... Romney didn't win, did he?"

    There is no admission of deceit, just an admission that it was politically motivated.

  10. Re: One thing I can say about John Cornyn - by kqs · · Score: 2

    Nah. Truly ignorant cunts (your word) quote that line without ever realizing that it doesn't mean what they want it to mean. That is ignorance in the true meaning of the word.

    And also use sexist "insults" because they are threatened by females, but always deny that.

  11. Re:Sen. Reid didn't kill it; filibuster threats di by HiThere · · Score: 2

    You are assuming that the parties are monolithic blocks, which is incorrect. Many of them will grandstand on an issue that is not supported by their party if they think it will help their reelection, and some will do it for ideological reasons even if their party is on the opposite side.

    BOTH parties are trying to centralize control. Both parties are trying to do what different constituencies want. And both are actually more interested in supporting the goals of unspoken backers. Neither of them puts the good of either the country or of the citizenry first, but both will take stands that allow them to claim to do so...to different constituencies.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.