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RobertoOrtiz
08-06-2006, 03:21 PM
Quote:
"The U.S. patent system could be inching closer to an overhaul long desired by the technology industry. Just before departing for their summer recess on Thursday, Utah Republican Orrin Hatch (http://dw.com.com/redir?destUrl=http%3A%2F%2Fhatch.senate.gov&siteId=3&oId=2100-1028-6102493&ontId=1023&lop=nl.ex) and Vermont Democrat Patrick Leahy (http://dw.com.com/redir?destUrl=http%3A%2F%2Fleahy.senate.gov&siteId=3&oId=2100-1028-6102493&ontId=1023&lop=nl.ex), who serve as chairmen of the U.S. Senate's intellectual-property panel, introduced a 45-page bill that proposes a number of changes to the way American patents are awarded and challenged.

"This legislation is not an option, but a necessity," Leahy said.

Called the Patent Reform Act of 2006, the measure followed two years of hearings, meetings and debate, the senators said. It bears a number of similarities to a bill (http://news.com.com/A+fix+for+a+broken+patent+system/2100-1028_3-5737961.html?tag=nl) offered last summer by Texas Republican Lamar Smith in the House of Representatives.

Specifically, it would shift to a "first to file" method of awarding patents, which is already used in most foreign countries, instead of the existing "first to invent" standard, which has been criticized as complicated to prove. Such a change has already earned backing (http://news.com.com/Patent+Office+chief+endorses+legal+reform/2100-1028_3-5683954.html?tag=nl) from Jon Dudas, chief of the U.S. Patent and Trademark Office."


Patent Reform Act Proposes Sweeping Changes (http://yro.slashdot.org/yro/06/08/06/0236201.shtml) "


>>LINK<< (http://news.com.com/2100-1028_3-6102493.html?part=rss&tag=6102493&subj=news)


-R

Andyman
08-06-2006, 06:05 PM
Would this help eliminate some of this silly back and forth sueing that is constantly going on between tech companies?

LiquidMetal
08-06-2006, 06:39 PM
Would this help eliminate some of this silly back and forth sueing that is constantly going on between tech companies?

My thoughts exactly.They should need some type of working product to be able to patent it.

Big_E.D.
08-07-2006, 02:00 AM
My thoughts exactly.They should need some type of working product to be able to patent it.

And the assurance to put the patent into use. Enough with this 'keep a patent dormant to sue the next person that develops similar tech' BS. Why should other individuals, who have the means and desire to make use of similar tech they developed on their own, be penalized by others, who have no desire to put it to good use?

Legal system be damned. Thats just asinine.

jeremybirn
08-07-2006, 02:52 AM
So they'd do 2 good fixes there:
+ Protect companies that make new inventions from non-producing "patent trolls"
+ Create an appeals period to get rediculously obvious patents reviewed and revoked without a lot of lawsuits.

But the bill still wouldn't address other problems (at least these weren't mentioned in the article):
* The 20 year duration of a patent needs to be re-thought! At least for web and software patents, 20 years is too long a duration to lock out competition. When amazon.com patented one-click ordering, for example, should that block all websites from setting up 1-click ordering for 20 years?
* The patent system is now rediculously weighted towards larger companies with more full-time lawyers. The companies with the most patents aren't the most creative or the ones who do the most research, but are most letigious. Comprehensive reform would start with leveling the playing field a bit.

I'm glad they are even starting to fix half the problems though!!

-jeremy

XLNT-3d
08-07-2006, 03:24 AM
Would this help eliminate some of this silly back and forth sueing that is constantly going on between tech companies?

some of us litigation animators make a great living that rides on these lawsuits. Besides, most of the lawsuits are not necessarily who got their patent first, but who stole who's idea. Since there is "nothing new under the sun", there are usually similarities in patents and types of production process. I don't think it will change much with lawsuits. Remember, most of these politicians are lawyers themselves.

I agree about the technology and time period though.

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08-07-2006, 03:24 AM
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