An overview for developers of current patent law, legal and judicial trends plus a discussion of the various ways to remedy the epidemic of software patent suits.
6. Un-spoiler alert
- Patent suits are costing us a lot of
money
- Activity is increasing, not decreasing
- Lawsuits aren't spurring innovation
- Developers are fed up
12. "...patent trolls... are increasingly
targeting users and adopters,
rather than makers of the technology:
this tactic is used an estimated
40% of the time."
Colleen V. Chien: Tailoring the Patent System to Work for Software and Technology Patents
16. - Patentable subject matter: new
and useful, no algorithms
- Novel: you can't patent something
people are already using
17. - Patentable subject matter: new
and useful, no algorithms
- Novel: you can't patent something
people are already using
- Non-obvious: it can't be obvious
to someone in that field
18. - Patentable subject matter: new
and useful, no algorithms
- Novel: you can't patent something
people are already using
- Non-obvious: it can't be obvious
to someone in that field
- Useful: must have utility and be possible
22. Judicial Solutions
- Lower the plaintiff's incentive to sue
- Set precedent that better upholds
the existing statute
23. Judicial Solutions
- Lower the plaintiff's incentive to sue
- Set precedent that better upholds
the existing statute
- Set precedent that treats software
patents differently than other
patents
28. Legislative Solutions
- Improve the America Invents Act
- Get rid of patents altogether,
or just software patents
- Make the plaintiff pay the legal fees,
aka SHIELD
29. Legislative Solutions
- Improve the America Invents Act
- Get rid of patents altogether,
or just software patents
- Make the plaintiff pay the legal fees,
aka SHIELD
- Raise patent or maintenance fees
34. Policy Solutions
- Require written descriptions
and definiteness
- Allot more resources for software
- Stop assuming validity
35. Policy Solutions
- Require written descriptions
and definiteness
- Allot more resources for software
- Stop assuming validity
- The Federal Trade Commission
could step in
42. Community Solutions
- Defensive patent pool (OIN)
- Identify relevant prior art
- Defensive Patent License (DPL)
- Continue to build awareness and
draw attention to the problem
43. For your reading "pleasure"
Colleen V. Chien: Reforming Software Patents
(Houston Law Review)
Tom Ewing & Robin Feldman: The Giants Among Us
(Stanford Law Review)
Dan L. Burk & Mark A. Lemley: The Patent Crisis and
How the Courts Can Solve It