09.26.07
Patent Systems Seem to be Going Behind Again, Not Forward
The patent system is clearly broken, but various initiatives strive to address the key issues. You might recall still Peer to Patent, which is a system that is intended to squash bad patents early on in the process. Well, some criticisms of it have awoken in the United States.
The USPTO has created an exemption for the Peer to Patent system from this law, but only for those patent applicants who choose to waive their rights to block third party-submitted prior art. This has prompted fears that only uncontroversial patent applications will be put through the system and led Wong to say that the system could only work in the future if it is compulsory, and not opt-in.
Meanwhile, the UK talks about a fast-tracking route for patents and trade marks. Should we not slow down the process and allow more time for peer review? This seems moronic.
“I’m not sure how attractive that will be because the applications still have to go through the three-month advertisement period and other steps,” he said. “It’s good to have an option for a faster system, but this is not a radical plan by any means.”
Patent battles continue.
Vonage Holdings Corp.’s (VG) legal woes continue to mount after suffering a defeat at the hands of Sprint Nextel Corp. (S).
Here is another key dispute
The U.S. Supreme Court said on Tuesday that it would review a patent fight in which LG Electronics accused Quanta Computer Inc of Taiwan and others of infringing patents on microprocessor chips in its personal computers.
The case has widespread implications because it raises questions about how tough patent holders can be in restricting licenses.
Frustration with the current system will not mend it, but highlighting its many problems is a way of drawing attention. Maybe there’s still hope for a sane management of knowledge and methods — one that promotes innovation and reduces abuse, fear, taxation, and imperfect products (which are limited only by the cost of patents that their development intersects with).
