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07.14.13

US Patent System Utterly Broken and Threatens Expansion to Europe

Posted in Europe, Patents at 1:09 am by Dr. Roy Schestowitz

Patent globalisation

Acropolis

Acropolis

Summary: Why the US-centric system (multinationals-serving), which ties together patents and courts for increased protectionism, is not at all designed to maximise productivity and how it is threatening to achieve gradual globalisation, with Europe as the next stop (through UPC/Unitary Patent)

The patent lawyers correctly point out that “A substantial number of patents being enforced today are involved in parallel proceedings.”

“Invalidity would apply to a vast majority of these cases had the USPTO not been greedy and corrupt (seeking increased profit, lowing bars/standards to get there).”That is because the system (patent and juridical) is broken and notoriously wasteful. This is good for patent lawyers. “In a case decided today,” say the lawyers, “the Federal Circuit says that the PTO’s invalidity decisions trump prior Court Decisions.”

The Court of Appeals for the Federal Circuit (CAFC) is doing nothing to address large-scale lawsuits (many defendants) and ridiculous patents, so this is hardly fixing the system. Invalidity would apply to a vast majority of these cases had the USPTO not been greedy and corrupt (seeking increased profit, lowing bars/standards to get there).

Recently, PTAB [1, 2, 3] destroyed some software patents and the lawyers take a look at it too. They also consider gene patents (after the recent SCOTUS ruling), noting that Myriad [1, 2, 3] is on the attack again:

In AMP v. Myriad, the Supreme Court ruled that the process of isolating naturally occurring DNA is insufficient to transform the natural phenomenon into a patentable invention. At the same time, the court ruled that a manmade cDNA version of naturally occurring human DNA is patent eligible.

What if those patents were simply not granted in the first place? There is no proper oversight ensuring the patent system can’t go astray. That’s why there is so much litigation (collateral mess) in the US and Europe is under threat of inheriting this collateral mess.

According to this, “The EU Presidency is planning an IP event in Vilnius, 8-9 October, stay tuned! http://bit.ly/10Dz8XN” (when patents are described as ‘IP’ it usually means broadening their scope and power).

Another tweet from the same pro-’IP’ site says it “Wouldn’t put money on anything to do with #unitarypatent or #UPC. But it will happen at some point …”

Why? Evidence shows there are still big barriers. All that these things would achieve is saturation of patent trolling in Europe.

“All that these things would achieve is saturation of patent trolling in Europe.”Following German action to ban software patents for good [1, 2, 3] there is more of the same as “Germany calls on EU to ban ‘patent box’ tax breaks”. To quote The Guardian: “Germany’s finance minister called on Tuesday for a ban on the so-called “patent box” tax break offered by Britain, Netherlands and some other EU members, which he says results in unfair competition for foreign investment.”

Stuff like the above, the ‘cult’ of patents, is “why #patentTrolls are coming to #UE with #UnitaryPatent and #UPC,” says Gérald Sédrati-Dinet. We have warned about it for years. There is still time to stop it, preventing software patents in Europe.

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