EFF Launches Patent Busting Campaign

SAN FRANCISCO, Calif. – Civil liberties group the Electronic Frontier Foundation (EFF) took a stand against bad patents Monday by announcing a new campaign to keep the United States Patent and Trademark Office (PTO) on its toes and more alert to patent submissions that have chilling effects on Internet innovation and free expression.

The Federal Communications Commission (FCC) released a report recently on current problems with the patent system and how to reform it, including how to get rid of bad patents through a new administrative procedure that will make it easier for firms to challenge a patent’s validity, and a process of allowing courts to find patents invalid based on the preponderance of evidence.

"A number of these bad patents are targeting individuals who have no financial resources to hire lawyers," Jason Schultz, a staff attorney for EFF, told XBiz. "Those are the ones we are concerned about."

Schultz says that over the past year numerous patent claims have emerged over processes that have been happening in the real world for years, long before the rights to the patents were ever granted. For example, a company recently stepped forward claiming to own the rights to the process of hyperlinking.

The EFF's new patent initiative intends to pinpoint certain patents that have been approved by the PTO and then request a reexamination. The process first entails a formal letter submitted to the PTO regarding a particular patent. Then the patent holder gets a chance to respond to the request for reexamination. The EFF gets another rebuttal after that, and then it is up to the PTO to review the patent and make another determination regarding its validity.

"Any patent can be challenged at any time under a reexamination procedure," said Schultz. "Essentially it is up to the examiner."

In order to get a patent application approved in the first place, the holder must prove to the PTO that it is a novel idea and that its creation entailed a creative or inventive "leap."

EFF cooked up the idea for its proactive stand against certain patents because in many cases, if certain companies or individuals contest patents directly to the PTO they could detract from their own legal defense if litigation becomes the next step.

"The reason EFF needs to do this is because any argument that is raised or could have been raised during this reexamination process cannot be raised as a future defense," said Schultz. "You get one bite of the apple. So a lot of companies are worried because they could take the chance here, but if they lose, they could lose legal weapons. Whereas EFF can be a more neutral party."

And while Schultz is critical of some aspects of Acacia Technologies Group's patents, he believes that some of their claims might actually be valid.

"There are pieces of their patents that are really bad," he added. "A lot of the technology has been around for a long time. The general idea that they control audio or video over a distribution network is absurd."

Shultz went on to claim that Acacia and many other companies are out to build themselves "war chests" by collecting fees from some of the smaller players in the industry.

"More and more, people are using software and Internet technology to express themselves," said EFF Staff Attorney Wendy Seltzer. "Patent owners who threaten this expression are creating a chilling effect on free speech."

EFF will announce later this month which patent companies it intends to target. EFF will post those company names on a specific website and encourage people to submit evidence of prior art.

"When we feel we have a strong enough case, then we will take all the prior art we have collected and file it with the patent office," said Schultz.

Copyright © 2024 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

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Show More