Reform Could Kill EFF "Patent Busting Project" 110
netbuzz alerts us to a letter the EFF sent today to Senators Leahy and Specter pointing out a deleterious clause in the current draft of the Patent Reform Act of 2007 — which EFF generally supports. As written, the proposal would kill the EFF's Patent Busting Project. Fine print in the bill would limit the time in which a patent could be challenged, by anyone other than those suffering direct financial harm, to one year after the patent's grant. Since the EFF is non-profit it would have a hard time showing financial harm.
Surprise, summary was misleading... (Score:5, Informative)
The problem is that the standard is not, as the summary claims " anyone... suffering direct financial harm." Instead, the law is about third-party challenges. In other words, the only way after one year to challenge a patent would as a defense once sued over said patent.
Gaming the system? (Score:3, Informative)
If you just wait a year, then sue everyone, no one will be able to challange the patent. You could even say for the first year it is free, so no one can claim financial damage. After that, no one can challange the patent.
I think you're reading it wrong. For the first year, anyone can claim harm. After that, only those financially harmed (ie, sued, or otherwise prevented from competing) could claim harm. So it's bad, just not quite that bad.
Still, how does one prevent the EFF folks from starting a sister corporation who creates a prototype of a potentially infringing device and claiming 'harm' since they can't sell it? They could make a cheap-o prototype that intentionally infringes on each patent they want to kill, then file suit.
Let's make loopholes work for us!
Re:It's not too late to contact your representativ (Score:2, Informative)
http://www.senate.gov/general/contact_information/senators_cfm.cfm [senate.gov]
Re:Who writes this stuff? (Score:3, Informative)
The amendments - with who submitted them - are here [govtrack.us]