Congress Introduces Patent Reform

WASHINGTON — U.S. Rep. Lamar Smith, R-Texas, has introduced a bill that would change the standard for awarding patents from first to invent a technology to the first to file an application, making it easier to contest patents once they are granted.

Smith called his Patent Reform Act of 2005 “without question, the most comprehensive change to U.S. patent law since Congress passed the 1952 Patent Act.

“The bill would eliminate legal gamesmanship from the current system that rewards lawsuit abuses over creativity. It will enhance the quality of patents and increase public confidence in their legal integrity,” he said.

The patent system has come under heavy criticism over the last decade from analysts and businesses who complain it hasn’t kept up with technology and leaves the door wide open for frivolous lawsuits.

“It’s a step in the right direction, but it doesn’t fix the deeper problems in the patent system,” Electronic Freedom Foundation staff attorney Jason Schultz told XBiz.

“Currently, it’s easy to game the system. There are some ridiculous patents coming out of the patent office. People want to claim patents for things like streaming media, hyperlinking and sending instant messages with smiley faces to their buddies.”

In order to get patent, Schultz explained, the applicant is supposed to be required to prove that the technology is novel, meaning it’s something that has never been done before, and that it is not obvious, meaning it represents a substantial leap forward in technology.

“The problem is that judges have lowered the bar on getting a patent and virtually eliminated the obviousness test,” Schultz said, “and that has made it easier for people to get for and sue over something that was readily available.”

Most substantial among the changes, the bill includes a “first-to-file” provision that would award intellectual property rights to the first person or group that files a patent and eliminates the one-year grace period during which others can dispute the application.

First-to-file is the prevailing standard in most European countries, and backers say it will help cut down on lawsuits by eliminating the need to determine who invented something first.

But Mike Masnick, CEO of analysis site TechDirt, said he thinks it’s a bad idea. While he admitted there is a valid logistical reason for a first-to-file standard — namely that is easier to determine who filed first than who invented first — he argued the new system will discourage innovation.

“All this really does is give everyone the incentive to file for any idea as quickly as possible,” Masnick said. “That overloads the patent system.”

Masnick also questioned the policy shift that allows for challenges after a patent is awarded. “Why isn’t there a system to dispute a patent before it’s granted?” he asked. “That would clear up the issue before it becomes a problem and let examiners focus on the real inventions, rather than the things with prior art or that should be considered obvious.”

The bill would have to pass muster in both houses of Congress and get a presidential signature before it becoming law. In the meantime, it is expected to cause heated debate.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

AEBN Publishes Popular Searches for September, October

AEBN has published the top search terms for the months of September and October from its straight and gay theaters in all 50 states and the District of Columbia.

Creator, Influencer YesKingzTV Passes Away at 47

Adult content creator and social media personality YesKingzTV, aka Micheal Willis Heard, has passed away at the age of 47.

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Show More