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 © 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

'Sex Workers Are Part of the "Everyone" That Deserves 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 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

Noted Belgian adult producer and director Dennis Black Magic has been sentenced to 7 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 Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

Show More