How To Fight Bad Patents: 2023 Year In Review

EFF's longstanding project of fighting for a more balanced, just patent system has always borne free expression in mind.
Patent trolls, who simply use intellectual property rights to extract money from others, continue to be a barrier to people who want to freely innovate, or even just use technology.
Defending IPR. The inter partes review process that Congress created about a decade ago is far from perfect, and we've supported a few ideas that would make it stronger.
IPR has been a big step forward for limiting the damage of wrongly granted patents.
Thousands of patent claims have been canceled through this process, which uses specialized administrative judges and is considerably faster and less expensive than federal courts.
It only affects a tiny proportion of patents at all.
In fiscal year 2023, there were 392 patents that were partially invalidated, and 133 patents that were fully invalidated.
Patent examiners have less than 20 hours, on average, to go through the entire review process for a particular patent application.
The process ends with the patent applicant getting a limited monopoly from the government-a monopoly right that's now given out more than 300,000 times per year.
It only makes sense to have some type of post-grant review system to challenge the worst patents at the patent office.
Despite this, patent trolls and other large, aggressive patent holders are determined to roll back the IPR process.
EFF, allied organizations, and tens of thousands of individuals wrote to the U.S. Patent Office opposing the proposed rules, and insisting that patent challenges should remain open to the public.
The PREVAIL Act would sharply limit IPR to only the immediately affected parties, and bar groups like EFF from accessing IPR at all.
The Supreme Court's 2014 decision in Alice v. CLS Bank barred patents that were nothing more than abstract ideas with computer jargon added in.
Dozens of individuals and small businesses have been saved by the Alice precedent, which has done a decent job of stopping the worst computer patents from surviving-at least when a defendant can afford to litigate the case.
Certain trade groups keep pushing to roll back the Alice framework.
For the second year in a row, we saw the introduction of a bill called the Patent Eligibility Restoration Act.
We also called out the U.S. Solicitor General when that office wrote a shocking brief siding with a patent troll, suggesting that the Supreme Court re-visit Alice.
The Alice precedent protects everyday internet users.
With your help, EFF remains a bulwark against this type of patent abuse.


This Cyber News was published on www.eff.org. Publication date: Sun, 31 Dec 2023 14:43:05 +0000


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