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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."
Large corporations will gain protection from patent trolls and small legitimate patent holders.
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.
Table-ized A.I.
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....
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,
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