The Problem With Patents: Operating with Blunt Instruments

Posted by Andy_Updegrove on Jun 5, 2013 2:55 PM EDT
ConsortiumInfo.org Standards Blog; By Andy Updegrove
Mail this story
Print this story

Yesterday, the Obama administration announced a new effort to curb baseless patent lawsuits, which it believes are stifling innovation and economic activity. Unfortunately, most of the most effective actions will require Congressional - or state - action.

Taken as a whole, the new actions and recommendations have the potential to dramatically improve the situation. Unfortunately, the most meaningful actions would require Congressional action, meaning that with a few exceptions the initiatives to be pursued under Executive authority can make only incremental progress (e.g., by providing educational materials to help “main street” businesses defend themselves if they are sued by trolls). More meaningfully, the administration will be stepping up training of patent examiners.

Almost all of the forceful actions, however, would require Congressional action, and it’s hard to imagine that such action will follow any time soon.  Meantime, perhaps the brightest hope may, as often is the case, arise at the state level.  Recently, Vermont enacted a law allowing defendants to recover not only costs from trolls, but damages as well. Such a law can provide a significant disincentive for any owner or licensor of a patent to assert it unfairly.  If such laws proliferate, perhaps we’ll see a decline in blunt force assertion of invalidly issued and irrelevant patents against innocent vendors and users sooner than later.

Full Story

  Nav
» Read more about: Story Type: News Story

« Return to the newswire homepage

Subject Topic Starter Replies Views Last Post
and the link is: BernardSwiss 5 1,198 Jun 7, 2013 6:26 PM

You cannot post until you login.