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Patents Government Politics

House Passes Patent Overhaul Bill 150

narramissic writes "ITworld reports that the House of Representatives has passed a bill that promises to overhaul the US patent system. 'The Patent Reform Act, supported by several large tech vendors including Microsoft Corp. and IBM Corp., would allow courts to change they way they assess damages in patent infringement cases. Currently, courts generally consider the value of the entire product when a small piece of the product infringes a patent; the bill would allow, but not require, courts to base damages only on the value of the infringing piece."
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House Passes Patent Overhaul Bill

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  • by timmarhy ( 659436 ) on Friday September 07, 2007 @07:12PM (#20515689)
    1. put a clock in an existing product 2. sue when company releases same 3. profit?
  • Nice idea (Score:4, Insightful)

    by Xeth ( 614132 ) on Friday September 07, 2007 @07:12PM (#20515699) Journal

    But is there anything that can even remotely approximate this? How much does a touch screen matter for the iPhone? What is such an estimate based on? I realize it's optional, but I'm having a hard time thinking of any situation that is really fair. Identically sized corporations, with similar market testing, and a market loaded with finely-grained differences in features? Even still, I think there's a great deal of random speculation.

    While I respect intentions to reform the patent system, I suppose my more cynical side should've known that it'd be either evil or botched. I guess the latter is better than the former.

    • Re: (Score:3, Insightful)

      by timmarhy ( 659436 )
      Huh? this is perfect, imagine this was applied to the stupid ass 1 click patent. Lets see how much is that extra click worth? oh nothing. no money for patent troll.

      • If it wasn't worth anything, then nobody (e.g. Barnes and Noble) would have minded switching to a 2 click system.
    • Re:Nice idea (Score:5, Insightful)

      by dgatwood ( 11270 ) on Friday September 07, 2007 @07:23PM (#20515799) Homepage Journal

      This is a good start, but it's a band-aid for a gaping head wound.... Passing a law guaranteeing the right to challenge obvious patents out of court would be a much more useful thing. Then, we could have a patent watchdog group (e.g. the EFF) working to significantly reduce the number of junk patents. Passing a law reducing patent terms in technology-related fields to five years would be another great improvement. A patent lasting two decades in computing is like a patent lasting two centuries in most other fields. It really borders on the absurd....

      But this... this bill should not pass. It's a very bad bill. With this bill, existing players can still bludgeon the little guy with their often bogus patents and usually nobody will even notice or care. The only way to truly show how broken the patent system is to actually have an impact on big businesses, and those patent trolls are the only thing that can annoy big business enough to have a chance at real reform that would actually increase innovation. Stopping the patent trolls will thus make it harder to get legitimate reform, and in my mind, that's a bad thing.

    • Re:Nice idea (Score:5, Interesting)

      by morgan_greywolf ( 835522 ) on Friday September 07, 2007 @07:27PM (#20515829) Homepage Journal
      Okay, let's say Microsoft decides to sue Linus Torvalds over its FAT filesystem patent. In the present system, the court would assess the damages based on the value of the entire operating system. With this, the court would have to determine what the FAT filesystem is worth. Considering it is no longer the default filesystem for any still-in-production Microsoft product, and it's already been implemented by countless vendors (digital cameras, anybody? Mac OS X? Be OS? OS/2?) and Microsoft hasn't sued any of them, the court would probably find that the FAT filesystem isn't worth much to Microsoft, because it doesn't give them a competitive advantage.

      How's that for an example?
      • try again. how much is a similar product licensed for... then sue all the people you mentioned. its still a violated patent no matter how many people violate it or if its still used by the patentor.

        just to remind you how the other side thinks.
      • poor (Score:4, Insightful)

        by selfdiscipline ( 317559 ) on Friday September 07, 2007 @08:37PM (#20516357) Homepage
        Although your example would apparently benefit Linux and therefore is a positive case scenario, you've overlooked the gist of the problem.

        > "isn't worth much to Microsoft".

        Maybe it's not, but you're stating the value in wishy-washy terms. The good thing about assessing damages on the value of a full product is that you have a concrete value (price of product * products distributed). A laywer may argue that, since an OS is rather pointless without a filesystem, it's a VERY valuable piece of the OS, and, assuming that FAT is the third most common filesystem in linux installations (I have no idea, really) it would be big damages.

        Valuing intellectual property is an insanely difficult prospect, with the only good approximation being what the market will buy. Take that away and you're left with pure speculation.
        • Re:poor (Score:5, Interesting)

          by Belial6 ( 794905 ) on Friday September 07, 2007 @11:32PM (#20517485)
          No it's not. We just need property tax on this so called intellectual property. We let the "owner" decide it's value. If they claim it is worth a billion dollars, then they pay property taxes on a billion dollars worth of property each year. If they say it is worth $10 to reduce there taxes, then that is what it is worth in the courtroom.

          The beauty is it would work with copyright as well.
          • Brilliant! Somebody mod this up; I ran out.
          • So would there be any kind of mandate on what you could charge for a bundle of software based on the IP tax you declared las tax year?
            Don't get me wrong I like the idea but there would be the issue of people saying that their IP isn't worth beans but charging an arm and a leg for it... Seems not quite right to me... but then they can't sue for much when some one reverse engineers their code... seems like it has it's own checks and balances... not bad I guess...
          • Re: (Score:2, Insightful)

            by Anonymous Coward
            This idea sounds reasonable at first until you realize it would completely shut "the little guy" out of having (and enforcing patents on) any technological breakthroughs.

            Imagine you are a startup and you come up with something that is going to revolutionize the entire market. It's worth billions but you obviously can't claim that it's worth billions because, until you get to market, you can't afford the taxes. What that means is that you have to devalue your patent and large companies can infringe on it w
            • Re: (Score:3, Insightful)

              by KDR_11k ( 778916 )
              Not only that but what about not-for-profit IP like freeware, home movies or writing that's not being sold? A GPL project relies on copyright to enforce the GPL, they'd need to be able to claim damages high enough to scare a big company off but they don't have or make any money that could pay the IP tax. Someone who's writing stories as a hobby or in order to possibly become an author later won't be able to keep any protection on his works that may become important later on (e.g. the first novels describing
              • IPR (patent/copyright) presently benefits big corporations and exploits big talents/creativity.

                IPR law should only allow 12 to 36 month licensing rights, no possible purchases/forfeiture of IPR from the original artist/inventor/... and/or R&D company.

                The original owner/creator should have full legal protection and property rights to the intellectual property for life plus a couple years, for corporations (maybe larger then a small business) 50 year IPR ownership maximum. I mean Beethoven/Goya... descend
            • by fossa ( 212602 )

              So let's do 14 years tax-free. After that you must register in the case of copyright, and declare a value in the case of copyright or patent, and start paying property taxes.

            • Maybe there's a way of doing the tax in a capital gains fashion. If the intellectual property is worth next to nothing one year and then suddenly a billion dollar idea the next, fine, they pay capital gains on the increase. Of course then you run into problems with a capital loss.

              Or even wackier, how about trading futures on an idea? A company has an IPO for a patent, and then let the market decide what rights to use it are worth. Taxes would then be based off of that. Of course then you run into the p
          • That reminds me of something mentioned in Number of the Beast by Heinlein... in one of the worlds they stopped in, you declared the value of your property, and were taxed based on that... with the caveat that anyone could purchase that property from you for your declared price... if you didn't want to sell, you'd have to revise your appraisal, and pay back taxes on it (I think it was five years worth...)

            Nephilium

          • by rts008 ( 812749 )
            Superb!...Astounding!...New Breakthrough in Critical Thinking!...Details at 11!

            If you run for Pres. on this platform, I will vote for you just on this!

            You propose the best idea yet I have heard of to keep copyright/patents, yet bring some sanity to the current system.

            My hat's off to you! (alas, I also have no mod points currently, but you are deservedly capped out anyways!)
      • Re:Nice idea (Score:5, Insightful)

        by c ( 8461 ) <beauregardcp@gmail.com> on Friday September 07, 2007 @10:09PM (#20517025)
        > Okay, let's say Microsoft decides to sue Linus Torvalds over its FAT filesystem patent.

        Most likely, Linus goes bankrupt during the opening motion practice and/or is forced to settle. The court never gets around to calculating damages.

        Messing with the damage formula only benefits large corporations who, up until now, were looking at damages in the hundreds of millions and weren't overly concerned by hundreds of thousands in court costs. Patent trolls won't get as much money, and everyone else is still screwed as soon as the lawsuit is filed.

        c.
        • I thought patents applied to corporations, NOT individuals.
          Besides, like you point out, Microsoft would lose much more in loss of sales the negative news would cause than they could even get by suing Torvalds.
          That alone makes this bad business and a high unlikely scenario for Microsoft.

          Matt
          • by c ( 8461 )
            Patents apply to commercial exploitation, irrespective of the who/what that's doing the exploiting (okay, there might be exceptions for some governments).

            Suing an average individual for patent infringement is obviously economically stupid (if they don't settle immediately, you don't have a chance at getting your court costs back, much less damages), but making money isn't the only reason for a lawsuit.

            c.
          • "I thought patents applied to corporations, NOT individuals."

            You thought wrong
  • by mombodog ( 920359 ) on Friday September 07, 2007 @07:12PM (#20515701)
    I think us little guys just got screwed. "supported by several large tech vendors including Microsoft Corp. and IBM Corp" Nevermind, we have always been screwed. ;-)
    • by daeg ( 828071 ) on Friday September 07, 2007 @07:20PM (#20515767)
      They support it because inevitably their huge products will, at some point, infringe on some ridiculous patent owned by anyone, big or little guy. It's a collective agreement to slowly disarm themselves against themselves. It's a win for everyone -- a step in the right direction. Lawyers will be MUCH more careful to accept infringement lawsuits on a percentage-of-winnings basis.
      • by evanbd ( 210358 ) on Friday September 07, 2007 @10:39PM (#20517203)

        It's a collective agreement to slowly disarm themselves

        Exactly. The only way to win at Prisoner's Dilemma is to change the rules.

      • I dunno about that ... most of the big patent lawsuits seem to be from little guys against big guys (and lately, it seems like the little guys are just teams of lawyers with no other redeeming value.) For decades, large companies have had patent cross-licensing schemes, where they share each other's portfolios, thereby agreeing not to sue. It's just easier and more efficient that way, and it makes a lot of sense. So, I think this is more about limiting the ability of patent trolls to suck off hundreds of mi
  • by omnilynx ( 961400 ) on Friday September 07, 2007 @07:13PM (#20515719)
    Sounds like this is just the sweeping overhaul we need to solve the patent system's problems!
  • by Anonymous Coward
    Hmm... so if I am M$ and decide if that paying out limited patent infringements penalties for technology I like is a "cost of doing business" Is this a good thing or a bad thing?
    • so retardo, why are you bashing MS for supporting this? IBM is in that list as well, open your eyes.
      • by Skiron ( 735617 )
        IBM are for it as they do not persue IP patents but could. MS need it as they steal (innovate) and their R&D fund gets hammered every time they steal from somebody.

        So, the two for it, but both for an opposite reason - IBM to protect silly fleas, MS to protect and try to limit the damages caused to them by their usual business practices.
    • by rjason ( 941321 )
      Im just trying to figure out how us little guys are gonna get screwed here. You just know we're gonna get it in the end somehow.
  • Thanks a lot (Score:3, Insightful)

    by Anonymous Coward on Friday September 07, 2007 @07:17PM (#20515747)
    "Large tech vendors have been pushing for patent reform for close to five years. The Software & Information Industry Association (SIIA), the Business Software Alliance, and the Computing Technology Industry Association, all praised the House for passing the bill."

    "The bill also sets into motion a change in the way patents are awarded, from the first-to-invent system unique to the U.S. to the first-to-file system used by the rest of the world."

    Polotition logic: Something must be done. This is something, lets do it.
    • Am I correct in assuming that the first-to-file system would remove the value of prior art in invalidating a patent? Would it be possible under such a system for one entity to patent a technology that someone else is already using, but hasn't patented? Or am I misunderstanding the concept?
      • Re: (Score:2, Informative)

        by Anonymous Coward

        Am I correct in assuming that the first-to-file system would remove the value of prior art in invalidating a patent?

        No, you are quite incorrect. Prior art invalidates patents the world over. First-to-file just changes how priority is determined in the absence of published prior art. With first to file, the first person to go to the patent office wins. With first to invent, a costly discovery excercise investigating lab notebooks and whatnot is undertaken.

        If anything prior art is weaker in america, because "inventors" could relatively easily manufacture fraudulent records purporting to predate any published prior art,

        • Re: (Score:3, Funny)

          Comment removed based on user account deletion
          • It takes more than just showing a judge a notebook and claiming that the date on it is correct. There's a well established practice of sending mail to yourself so you can show the postmark on the unopened envelope and show the court that the USPS attests to the date on it.

            From Expertlaw [expertlaw.com]:

            Don't attempt a "poor man's patent" [expertlaw.com] - putting documentation of your invention into an envelope and mailing it to yourself is of next to no value when it comes to defending your invention or establishing the date of its

        • if the invention was published before you filed for a patent, you have lost by prior art.

          SO all anyone would have to do is steal someone else's invention then publish it before the inventor actually patents it.

          From the rest of the world's perspective, the american first-to-invent system is just considered mad, and europeans regularly accuse american defence companies of pulling that sort of shit.

          I don't know about the rest of the world but in the US the reason patents are issued is to encourage inve

  • by ishmalius ( 153450 ) on Friday September 07, 2007 @07:23PM (#20515803)
    Changing the system from first to invent to first to file will only help incumbents who already have patent attorneys on staff. The original intention of patents, to give the innovator a head start in business, will be lost.
    • Comment removed based on user account deletion
      • by Awod ( 956596 )
        Ah, no.
      • by k_187 ( 61692 ) on Friday September 07, 2007 @08:54PM (#20516489) Journal
        No, lets say you come up with something cool. After the first date that you reduce your invention to practice, you have one year to file it with USPTO (assuming no other circumstances). If Big Company X comes along during that period, and creates the same invention, and files before you; your claim of invention will take precedent. However, under a first to file system, in the above scenario; you're screwed. Prior art will still invalidate a patent (although it will arguably not come up during prosecution under first to file). First to file puts extra emphasis on filing as soon as possible.
        • Personally I think both first to invent and first to file are crap. If something is indpendently invented within such a short window that the difference between first to invent and first to file matters then IMO it doesn't deserve a patent.
          • Personally I think both first to invent and first to file are crap. If something is indpendently invented within such a short window that the difference between first to invent and first to file matters then IMO it doesn't deserve a patent.

            Except that sometimes it isn't independently invented. Let's say that an inventor is working on a design. He hires a machinist to manufacture some prototypes because he isn't quite sure how to get it to work and needs to try a couple of different designs to get it right. While the inventor is evaluating the prototypes before filing the patent, the machinist goes off and files a patent. Under first to file, the machinist gets the patent unless the inventor can prove that he stole it (and maybe not even then

            • A simple contract between the machinist and the inventor would solve all of that (though then the lawyer who drafted the contract could steal it... just make a contract with him, using another lawyer, and of course you will need another contract for the *other* lawyer.. it's turtles all the way down).
    • by metlin ( 258108 )
      I agree with you, but I was having a talk about this with my lawyer the other day. She said that unfortunately, most of the rest of the world follows the first to file rule.

      One of the side effects of being part of the WTO is that there should be a level playing field. Unfortunately, we've asked other countries to bend over backwards to do things our way, now they want us to do things their way, and corporations are more than happy to give in. After all, who cares about the lone innovator that you are talkin
    • by Anonymous Coward
      If you are a corporation and you apply for patents, then I do not see how "first to file" makes it any worse. (most corps file patent apps as fast as they can anyway).

      If you are not a corporation (e.g an open source developer) and instead of filing a patent application, you just disclose your invention, then, "first to file" rule automatically disqualifies everyone else who might otherwise claim that they invented it before you did...

      Basically, if I understand correctly, "first to file" removes a lot of unc
    • The purpose of patents is to encourage disclosure. First to invent works against this. The strategy that gives you the longest protection with the smallest investment is to wait until a second person invents the same thing and then sue them and claim the patent because you invented it first. With first to file, your best strategy is to file (and, thus, disclose) as soon as possible.
  • Boy I hope someone doesn't already hold a patent for reforming the patent system in this way. Then they'd sue the government for using it. You might think I'm joking but theoretically if someone did hold tons of patents for patent reform and sat on them, that would stop anyone from reforming the patent system and invalidating their patents. Ahhh see, it's like one big circle of patent doom lol.
  • by HermMunster ( 972336 ) on Friday September 07, 2007 @07:48PM (#20515999)
    If you don't make the big companies pay big dollars for the IP violations then they will simply take advantage of all the smaller guys. Small money is all it takes to kill a small company so big companies stealing from a small company harms it not only in the reduced funds necessary to protect itself in court but harms to company's future potential. Small companies violating big companies patents hardly impact them in the same way. A big company stealing from a small company could kill the small company but a small company stealing from a big company generally has a much lighter impact on them.

    This is just sad to see big companies trying to take advantage of the system this way. What needs to happen is that they need to focus on protecting the small guy and you don't do so by limiting what they can get in defense of their IP. This simply allows the big dog to tear up the little dogs in a fight.

    This is bad news, not good news.
    • That was my first thought as well. This bill basically means that the big guys will pay less, and the little guys will still go bankrupt trying to defend against patent claims.
      • The little guys would go bankrupt anyway...this bill doesn't really affect them much.

        This bill could mean less patent trolls (if the big $$$ disappears from the market), and hey, people are admitting there's a problem.
        • Patent trolls aren't really the problem. A patent troll is one of two things: Lawyers abusing the broken patent system (a symptom of the larger problem) or a legitimate little guy who invented something (in which case this is the system working as it is supposedly intended to work).

          Here's the thing: The only time a small inventor can ever make money on a patent is by acting as a patent troll. If the small inventor actually tries to sell a product, they'll get bullied out of existence by counter-suits from

          • Patent trolls aren't really the problem. A patent troll is one of two things: Lawyers abusing the broken patent system (a symptom of the larger problem) or a legitimate little guy who invented something (in which case this is the system working as it is supposedly intended to work).

            You use "patent troll" different than I do. To me a patent troll is something that gets a patent on something but then sits on patent and waits until someone releases a product with the patent in it. No one who gets a paten

            • You use "patent troll" different than I do. To me a patent troll is something that gets a patent on something but then sits on patent and waits until someone releases a product with the patent in it. No one who gets a patent then tries to manufacture for sale a product with the patent is a troll.

              No. We both seem to agree on the definition of "patent troll". The only thing that I'm pointing out is that sometimes a patent troll really is a reasonably small-time inventor who legitimately invented something an

              • No. We both seem to agree on the definition of "patent troll". The only thing that I'm pointing out is that sometimes a patent troll really is a reasonably small-time inventor who legitimately invented something and patented it, then rationally decided that the only way to make money on his invention was to wait for a big company to use it (and carefully not release any products of his own to be counter-sued over).

                Ok.

                From the perspective of actually wanting to see technological progress (which works be

                • The reason for a patent is to get the invention into the public thus encouraging progress. Just sitting on a patent, and waiting until someone else comes up with the same thing independently, doesn't do that. All it does is steals the hard work others put into making and producing the item. It's not part of the law but I believe that there should be a tyme limit on how long a produce is released for sale before the patent in invalidated.

                  You seem to misunderstand the effects that patents have in the real wo

                  • You seem to misunderstand the effects that patents have in the real world and why large corporations lobby for them. Patent laws were initially introduced based on precisely the reasoning you describe - but patents haven't actually done that or been supported with that intention by any major political players in living memory.

                    No I don't. Actually for a long tyme patents has helped hold back progress. With maybe the exception of drugs I oppose patents. Even with drugs though I'd limit patents to not mo

      • I wouldn't be so sure.

        Seen from the big company angle, "minor" patents are simply change and arsenal to negotiate cross-licenses in case of patent litigation. For a small company, a patent of similar scope could represent a major and highly valuable core asset. In case of infringement, this change could mean that the court should set damages as a compromise between what the patents are worth to their owners and what they are worth in the infringing product.

        In the case of FAT on Linux, FAT is only a tiny and
  • I've been totally confused as to whether this patent bill is a good thing or not, primarily because Howard Berman and Howard Coble, the Antichrist and the False Prophet to fair use and personal liberty involving legally purchased copyrighted works, have had a prominent role in bringing this bill through the House. On the other hand, Public Knowledge and other groups seem pretty upbeat on it (although I didn't sit and watch C-SPAN all day today to see what happened with amendments and such). So what am I t
    • Well, given that Congress only has two priorities (1. Appearing to do something, and 2. Turning tricks for their corporate pimps), I'd guess that the best we can hope for is that it doesn't make things worse.

    • by donaldm ( 919619 )
      My sentiments exactly. When I read the article one would assume the small inventor would be hurt by this bill but I would like to know how this is the case. When I see high profile patent infringement cases the main part of the infringement is normally some minor part and in many ways "obvious" of the of the overall product yet this can net the patent holder millions if they win in a patent law case.

      I tend to keep from commenting on patents other than software ones which IMHO should never exist however I
    • by Tribbin ( 565963 )
      I totally agree with you, in that I don't understand the happy responses from slashdotters.

      Now they can sue you for little pieces, and have a greater chance of winning since you don't talk about the whole product and thus what is being fought is all that matters and cant be thrown aside as irrelevant.
  • by tyrione ( 134248 ) on Friday September 07, 2007 @07:53PM (#20516041) Homepage

    And it is here in the US Senate that concerns with this first-to-file, regardless of intent to ever invent, versus first-to-invent will have conditions set on it to make such a valid patent.

    We all know the patent system is broken with the dawning of the Information Age. However, this first-to-file, on the surface, doesn't appear to keep companies from filing frivolous patents with no intention of ever producing an invention.

    The patent system should be set to promote diverse competition and may the winner best their competition through competition and not anti-competitive legal maneuvers.

  • something. Whether it stinks or not remains to be seen.
    • by mh1997 ( 1065630 )

      Whether it stinks or not remains to be seen.
      When either the Congress or the Senate pass something, it typically stinks. Among the many laws that they do not follow is the "law of unintended consequences." They act to make a system fair or better and end up making it more unfair and worse.
      • On the contrary, they follow the law of unintended consequences quite closely.

        I mean, look at all the unintended consequences caused by the laws they've passed!

        Or by follow, did you mean learn what it means so that they can avoid unintended consequences?
  • First to File (Score:5, Interesting)

    by Molon Lave ( 797927 ) on Friday September 07, 2007 @08:22PM (#20516275)
    As a small inventor, I hated the idea of First to File because I was worried that corrupt individuals or companies could quickly patent my invention submissions. But that is easily solved by requiring a NDA before showing anyone your invention. Before, when it was First to Invent, there were more problems. For example, I could patent something and someone could claim they invented it first and manufacture fake logs or a fake journal showing they invented it first. Also don't forget, false witnesses who could swear up and down they saw the other guy working on the invention for years. Now I am in favor of the new way. I can protect my ideas easily by just keeping my mouth shut until I fill out a provisional patent application. I think it will be good for the little guy.
    • by ozzee ( 612196 )
      If you can publish your "invention" publically then it becomes prior art and you don't have to worry about first to file right ?

      I did that once when I was not sure about the viability of the patent. It turns out that it was subsequently cited as prior art.

      • by AusIV ( 950840 )

        If you can publish your "invention" publically then it becomes prior art and you don't have to worry about first to file right ?

        If your only reason for worrying about a patent were to block other people from patenting your idea that's fine. If you're trying to reap the other benefits of a patent, that's not going to help.

  • by blakieto ( 575517 ) on Friday September 07, 2007 @08:39PM (#20516373)
    Real reform would to to return to the requirement for a working version of the patent to be submitted with one's patent application. Currently, one can patent an intended innovation before it has been implemented. Researching through awarded patents yields many things that are not yet possible - like Sony's patent for controlling a video game with your thoughts. Now, because of that patent and Sony owning the IP space, any would be innovators in that field are discouraged from seeking a solution in that area.
    • So you think the best reform is to completely shut the little guy out of the patent system? Sounds awesome!
  • Wait a minute (Score:5, Interesting)

    by Tribbin ( 565963 ) on Friday September 07, 2007 @08:42PM (#20516395) Homepage
    So if you write FOSS, and some big company sues you for patent infrigement.

    If Big Co. wins they get their worth. (lots of money)

    If mr. Hobbyist wins he gets his worth. (nothing, since his software is free)
    • by QuantumG ( 50515 )
      Unless the hobbyist has millions of dollars lying around or a friendly donor with same, your question is academic.

  • Wouldn't it be a lot cheaper if the patent office just made a 1-page list of what is NOT patented? It would probably only take one side, and would probably fit on a single square of toilet paper.
  • How can you base the value *only* on the single piece when the entire product could not exist without the part in question?

    Sure, its not worth 100% of the 'product' value, but i think its worth more then then just the 'single component' level, espcially since it was used illegally. Need to have some sort of penalty for doing wrong things.
  • by dwater ( 72834 ) on Friday September 07, 2007 @10:45PM (#20517233)
    With enough laxative, anyone could pass it.
  • This is bad - lets think about this guys; ludite judges being informed by two companies about the so-called 'value' of the said technology, and apparently this person who as much technical knowledge as my grandfather, is going to decide who and how much is appropriate.

    It also deals in hypertheticals as well; the apparent value which is being debated over and whether it truly reflects the market value; what happens if the patent infringment is found very early in the product release, how does one make assump
  • They're going to rethink the penalties based on how much of the finished product infringes?

    How about rethinking what's patentable instead? The number of patent infringement cases would plummet if the junk patents were thrown out - and no new junk patents were granted.

    Their "solution" is ridiculous; altering the penalty for violating the "one click" patent isn't what's needed. What's really needed is to reform the patent system so that things like that "one click" patent could never occur.

    • by AusIV ( 950840 )

      How about rethinking what's patentable instead? The number of patent infringement cases would plummet if the junk patents were thrown out - and no new junk patents were granted.

      The summary doesn't mention this, and I honestly haven't read the linked article, but they did introduce a process to help reduce junk patents. Starting immediately after a patent is granted, there is a one year period in which companies, organizations, or individuals who have reason to oppose a patent can submit petitions and evid

  • I've no time to RTFA but, assuming the slashdot summary is correct (many times it isn't), if the courts can choose when to apply the new rules then when a small guy infringes against a big corporation the courts may choose to calculate damages based on the value of the whole product (ie the small guy gets screwed), but when a big corporation infringes against a rival smaller company or guy then the courts may choose to calculate the damages based on the part of the product that is covered by the patent (ie
  • Par for the course because that is how politics work in a capitalistic society that feeds on its own. It is obscene that years of real American people participating in public outcry have yet to achieve so much as a footnote yet big money bends the ears of the scum that is now Washington.

    Realizing the U.S. is a republic and not a democracy it is still pretty sad how the system works...For the ones that game it.
  • software patents and patents on natural genetics, most of the problems solved right there.
  • That's not an "overhaul", it's a tiny tweak. That doesn't protect real inventors, but rather protects big bundlers too incompetent to patent search every part they include in their hugely complex products - that they patent. There ain't gonna be any real "patent overhauls" sponsored by Microsoft and IBM, which make most of their hundreds of $billions a year protected by the current rigged patent system. This tweak is just a change to one spreadsheet cell in their accounting departments, not a reform of the
  • I overhauled my car by replacing the left wiper...

    it has bald wheels, the electrics are shot, one 1 brake works - but its still drivable!

1 + 1 = 3, for large values of 1.

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