We’ve mentioned the Electronic Freedom Foundation (EFF) in a few 4cast posts over the years, because they often tackle significant legal problems that threaten current technology and the Internet. For example, since July 2014, the EFF has been selecting a “Stupid Patent of the Month.” This series of blog posts is meant to highlight the growing need for patent reform in the U.S., as more and more “patent trolls” successfully register vague and misleading claims with the United States Patent and Trademark Office, and then proceed to sue every company with deep pockets that a court might find to be in violation of these overly-broad patents. The current U.S. system for registering patents makes this easy for intangible inventions, like software, as opposed to tangible chemical or mechanical inventions, so many technology companies and interested groups like the EFF have joined in the call for reform. Just for fun (well, not very funny, actually) here is a sampling of last year’s EFF Stupid Patents.
- GPS tracking, or something (March | Vera Ranieri) “We don’t know what, exactly, NovelPoint thinks it owns, but it looks like it is accusing Subway of infringing because it has an app that shows a map with directions. And given the incomprehensibility of its patent, it can get away with this, at least enough to secure a quick settlement and get out before a court rules that no, in fact, it doesn’t own a map with directions.”
- Wetro Lan sues entire network security industry with expired garbage patent (June | Daniel Nazer) “The idea is that unsophisticated home users might misconfigure their firewalls so it is better to give them a system they cannot mess up. Just like a real firewall, only dumber! The patent also hedges its bets by claiming a system that is ‘substantially free from user adjustment,’ whatever that means. Even if that was a new idea in 2000, this is not actually a technological improvement. It’s kind of like putting a padlock on the front hood of a car and then saying you’ve invented a new kind of car.”
- A drink mixer attacks the Internet of Things (August | Daniel Nazer) “It seems that any company that sells products that connect to the Internet is at risk. For example, in its complaint against ADT [pdf], RCDI states that a system that allows customers to ‘remotely customize the operation’ of a ‘thermostat’ infringes its patent. Having supposedly invented an online beverage mixer, RCDI is now asserting its patent against the entire Internet of Things.”
- Microsoft’s design patent on a slider (December | Vera Ranieri) “Putting aside whether Microsoft’s design was actually new and not obvious in 2006 (when Microsoft filed its application), whether Microsoft needed the patent incentive in order to come up with this design, and whether it is even desirable to grant a company a government-backed monopoly on a graphical slider (we don’t think so, that’s why this is a stupid patent), the scope of damages for design patent infringement has the potential to become a powerful tool to shut down legitimate competition based on the mere threat of a lawsuit.”
Articles from Ohio Web Library:
- An overview, a summary, and an update to the latest patent reform. (Intellectual Property & Technology Law Journal, Sep. 2015, p.3-14 | Steven M. Zager, Michael Simons, and Alex Chan)
- Report on economic impact of academic licensing activity cited in patent reform battle. (Research Technology Management, July/Aug. 2015, p.7-8 | Gerrill Griffith)
- Patent games. (Inventors’ Digest, June 2015, p.42-44 | Gene Quinn)
