Bonum Certa Men Certa

Senator Schumer Should Focus on Software Patents, Leaving Patent Trolls (Side Effect) Aside

Charles Schumer



Summary: Reform in the USPTO and the US courts should focus on patent scope and not patent holders

We recently wrote about new efforts by Senator Schumer to fix the US patent system. He got a lot of positive coverage for it, but he is back to focusing on trolls (as before [1, 2]) rather than the core issue he recently spoke about. That would be patents scope. Masnick's Web site says: "It's now being reported that Schumer is set to introduce a new bill that will expand Section 18 to cover technology patents, rather than just limiting it to business method patents (the more cynical among you will note the rapid growth of New York's tech sector as a reason for this expansion). This is definitely a big step in the right direction. If something like this was also combined with the SHIELD Act, which shifts fees to the trolls for bogus patent lawsuits, it would really help limit some of the most egregious activities of trolls. "



This would not, however, resolve the issue as a whole.

Dan O'Connor writes that "Senator Schumer announced he is introducing a bill next week to extend the Covered Business Methods program, which forestalls litigation on financial product patents while the PTO reviews their validity, to all patents. Given that trolls, particularly trolls that target startups, often use low quality patents, this would help limit outright extortion conditioned on the high cost of conducting successful patent defenses."

Naming trolls is irrelevant to a large degree. Just eliminate the offending class of patents and see how trolls starve. Statistics suggest that they rely on such patents. That is why software patents should be the focus. Outside the US, suggests strong evidence, patent trolls are scarce and rare because they have no access to such patents in the first place.

Recent Techrights' Posts

[Video] To Combat Efforts to Cancel or Kill the Career (and Reputation) of the People Who Made GNU/Linux We Must Rally the Community
nobody speaks better for projects and for licences than their own founders
Electronic Frontier Foundation Incorporated is Run by/for Corporations Now (Members' Money is Less Than a Quarter of the Money EFF Receives)
Facebook bribes
 
IRC Proceedings: Saturday, December 09, 2023
IRC logs for Saturday, December 09, 2023
Links 09/12/2023: Dictator's Nomination in Russia
Links for the day
The EFF Should Know Better, But It Is Promoting Mass Surveillance by Facebook (an Endorsement of Lies)
What is going on at the EFF?
Feedback Desired
Feedback can be sent by E-mail
A Message in Support of Richard Stallman, Condemning Those Who Misportray Him
message about Richard Stallman (RMS)
Links 09/12/2023: Many 'Open'AI Employees Strongly Dislike Microsoft, Many Impending Strikes
Links for the day
IRC Proceedings: Friday, December 08, 2023
IRC logs for Friday, December 08, 2023
Over at Tux Machines...
GNU/Linux news
Open Source Initiative (OSI) is Microsoft, It Presents Microsoft-Controlled Projects Like They're Everything That Exists in the World
They're not assessing the real data, they keep track only of projects foolish enough to choose slavery under Microsoft
Links 08/12/2023: Cyber Resilience Act in EU and Denmark Embracing 'Blasphemy Law'
Links for the day
Linus Torvalds Cannot Easily 'Offend' Companies Anymore, But Weeks Ago He Explained Why (Linux Support and Hardware Documentation Has Significantly Improved)
new clip
Links 08/12/2023: Tidal and Simplilearn Layoffs
Links for the day
IRC Proceedings: Thursday, December 07, 2023
IRC logs for Thursday, December 07, 2023
[Video] The Media Facilitates Microsoft's Abuse, Bribes, and Growing Threats to National Security
The failure of the media to properly and independently explain what's happening will continue to doom the media
[Video] The Next Ten Years of Techrights in a World With Changing Threats and Technological Landscapes (or Trends That Are Buzzwords/Cargo Cults)
The video of today talks about the site's (and capsule's plan) for the future
Wikipedia is Vandalism, Brought to You by Microsoft and Bill Gates
Reprinted with permission from Ryan Farmer