Wednesday, September 07, 2011

Patent reform 2011: the final stretch?

Once patent reform shifted from IT vs. pharma to "big guy" vs. "little guy," reform moved faster, but was less substantial as to the issues that were disputed back in 2005.

from Politico, on patent reform 2011:

Yet reaction in the tech industry, which has been the main driver behind patent reform since 2005, is decidedly mixed, with some arguing that the bill will make it harder for small entrepreneurs. Others say that for better or worse, the reforms will encourage people to go to the Patent and Trademark Office sooner with their intellectual property. And most agree the legislation is unlikely to put an end to the patent wars roiling the tech industry, particularly relating to mobile phone innovations.

See also
Demise of the (anti-)Doughnut campaign: a parable of patent reform?

Lerner says patent reform is "cold war"; IPBiz says "doughnuts!"

The details of the proposed patent reform favor the big guys. As to "first to file," larger companies have more resources than smaller ones to file numerous applications, which will be the winning strategy in "first to file." While some reformers point out that "little guys" lose most patent interferences, the reformers don't point out that little guys will basically lose all the time in "first to file." As to oppositions, larger companies have more resources to implement, and pursue, costly opposition proceedings, which do not foreclose later, and more costly, litigations. As to damages, current proposals of the IT industry would harm prospects of the little guy inventors.


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