Posted on 06/25/2021 5:00:18 AM PDT by Kaslin
Edited on 06/25/2021 6:38:02 AM PDT by Sidebar Moderator. [history]
Mr. Quinn politely understated the distressed situation to which the U.S. patent system has fallen over the past couple of decades.
Congress created the Patent Trial and Appeal Board (PTAB), an administrative quasijudicial panel of questionable constitutionality, in the destructive 2011 America Invents Act. Then an ex-Google PTO director set up PTAB in such a tilted manner that it extirpates 84 percent of patent claims brought before it.
(Excerpt) Read more at townhall.com ...
Present patent law and patent trolling are not aiding American innovation.
Patent trolling is the Bogeyman that Big Tech rode in order to destroy our patent system for THEIR benefit.
The patent reform act of 2011 did little to curb the trolls and instead gave Big Tech a get out of jail free card.
The problem is that software was never dealt with properly by the Courts or Patent Office. For years they refused to even consider an application. Thus, they compiled NO prior art. Then when the law changed to loosen up eligibility, there was no prior art upon which to base a rejection.
As for Microsoft and the others, for years they ran over the small competition. Leaving a trail of defunct companies. Those companies did not have the means to fight prolonged patent infringement battles. But they left their patents behind. The trolls grabbed those patents. In a way, and I am no fan of trolls, they made sure the patents ( of those stepped on companies) came back to haunt the Microsoft’s of the world.
Back to patent reform, there were a zillion ways to reform the system to deal with the trolls and lack of prior art. But instead congress did it’s usual. They allowed themselves to be bought and paid for by Big Tech and passed “comprehensive” reform that gutted our patent system.
Not to worry, China hasn’t gutted their system. They are doing quite well.
Copyright is FAR more broken than patents....
Absolutely as anyone who has any knowledge of the lame history of photostock companies knows.
Patents have long since stopped being about innovation and are about corporate lawfare.
True. Thank God it's not quite as bad as our eternal copyright law though.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.