This article by Robert X. Cringely (of Triumph of the Nerds fame, and writings) has correctly brought to the forefront some issues surrounding the 2005 patent reform act. His great article, titled Patently Absurd, touches on some of the same concerns I have had about the reform act. I think it should even be more troubling when there are, essentially, secret hearings being held about a hugely important topic. Moreover, this bill has been repeatedly cited as the largest patent reform in over 30+ years; that means we not only need to pay attention, but have the bill progress above board. If what Cringely says is true (I have no reason to doubt the accuracy), Senator Hatch should be ashamed of himself.
There are even more issues than Cringely cites, but this is a great start and I hope people pick up on the ramifications of this so-called "reform" act; it is another attempt to usurp the individual and small inventor for the sake of large business. I hope to post a series of articles about this topic in short order.
Some good resources for reading up about the patent changes are:
- Intellectual Property Owners Association - IPO.org
- A red-lined markup of the reform act as it has progressed
- Promote the Progress
If the system works to protect the small inventor - such as a single person or small company, why should big business worry? The same general rules would apply to them (large companies) and they will also be protected. However, if the system is tilted to enable endless appeals, limited returns, and little deterrent to steal inventions; who do you think that tilts towards? I am not talking just Microsoft, I am talking large companies in general. Why? Because it essentially turns the whole process into a spending game, which as Cringely points out, clearly favors a company that has millions and billions in revenue. That is simple common sense.
Ask yourself this - if you the reader invent something, it is deemed worthy of and granted a US patent and you have spent $20,000 in legal fees (on top of all the time you personally spent doing the said inventing). Now you notice large companies a few years later using (infringing on your invention), some of which you may have talked to when your patent was pending, thus you suspect them of intentionally taking your ideas... The large company knows you cannot stop them from using it without going to court, and with the reform, even then it is unlikely. What is their incentive to pay or agree to a license fee? Worse still - if damages are limited, why not just keep infringing and making interest/ profits off the invention.
Finally, when it does go to court - who is likely to feel the pain of $100,000+ in legal fees? Multi-billion dollar company X or you, the individual or small 5 person shop? Who does that favor? Can you even afford to go to court? If not, how are you able to do anything or get any return? With the limited damages, what type of lawyer will work for contingency? Now again, who does this appear to favor?
One last item to think about (and again, I will have to post more about this), if the current patent system so deformed and broken - especially applying to the software/ computer industry - it is no wonder the computer and software business has done so terribly over the past 30 year. Yes, that is the sound of sarcasm.
Ben
____________________________________
site: http://www.techthoughts.com
feed: http://feeds.techthoughts.com/ttfeed.xml
Comments