Jon Potter believes that "Software patent trolls can be stopped by U.S. Patent Office and Congress" as he writes about mobile app developers (small businesses or even indie) who fall prey to software patents and trolls (which are seemingly a rising phenomenon). He says that "[w]hile app developers are angry with the trolls, they are also frustrated, rightly, with their government. The patent system was created to promote innovation and protect entrepreneurs. But in the trenches of the app development industry, people are intimidated and angered. App developers and entrepreneurs, the very people whom the patent system should protect, now consider software patents as inhibiting -- rather than promoting -- innovation."
As the US Patent and Trademark Office prepares to open a Silicon Valley office, intellectual property stakeholders gathered at Stanford to tackle a big reason for USPTO’s enhanced regional presence: Software patents.
Stuart Graham (USPTO's Chief Economist) and Saurabh Vishnubhakat recently published an interesting short paper entitled Of Smart Phone Wars and Software Patents. The paper largely defends the USPTO's examination of software patenting by showing that its approach in the software arts is essentially the same as in other fields.
The two charts below come from the article. The first shows the percentage of first office actions that are first-action allowances. This is calculated for each fiscal year as the (# of first action allowances) / (# of first actions). The second chart looks at the first "final" action in a case. For their study, a final action is either (1) a final rejection or (2) an allowance. And, the first final is whichever one of those came first.
Apple has now filed a normal appeal, after being turned down for en banc review by the entire Federal Circuit, regarding Judge Lucy Koh's refusal to order an injunction against Samsung in the first Apple v. Samsung case, no. 11-CV-1846. That's the one where Apple got a jury to order a billion plus in damages. Although I doubt that figure will stand. Anyway, Apple wants an injunction too, and here's the brief [PDF] asking for it. The order [PDF] it's appealing is found here as text. And I'll work on a text version for you of this appeal brief next.
Lawyers squared off on Friday over U.S. rules for granting patents for software, or if software should be patented at all, in arguments in a case closely watched by Google Inc, Facebook Inc and other technology companies.
Lawyers have squared off over US rules for granting patents for software, or if software should be patented at all, in arguments in a case closely watched by Google, Facebook and other technology companies.
The full US Court of Appeals for the Federal Circuit heard arguments in the case, which involves whether patents for a computerised system for exchanging financial obligations are valid. The case has drawn wide interest because it could help determine parameters for software patent protection.
Disagreement was apparent among the 10 judges on the panel, and experts said they expected a divided decision, which could land the case before the US Supreme Court.