Behind thecurtainscale2013
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This document discusses issues around software patents and potential solutions. It is divided into three parts. Part 1 provides a brief history of patents and questions whether patents protect ideas or products. Part 2 notes that patent lawsuits are costly and increasing, and are not spurring innovation as developers must avoid patent thickets. Part 3 outlines various proposed solutions to reform the patent system from the judicial, legislative, policy, and community levels to address problems with software patents.
Behind thecurtainscale2013
- 1. Software Patents: Who's Behind the Curtain? SCALE 2.23.2013 Deb Nicholson
- 2. Part 1: Where do patents come from?
- 3. How do we measure innovation?
- 4. Patents, Products, or Ideas?
- 5. The 10 cent patent history lesson
- 9. Part 2: More money, more problems
- 10. Un-spoiler alert - Patent suits are costing us a lot of money - Activity is increasing, not decreasing - Lawsuits aren't spurring innovation - Developers are fed up
- 11. “...annual wealth lost from NPE lawsuits was about $80 billion...” (Bessen et al. 2011)
- 12. Patent suits involving “NPEs” Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
- 13. The number of patent actions filed reached 4,015 in 2011. (PwC 2012 Patent Litigation Study)
- 14. Utility patents granted each year Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
- 16. Avoiding thickets, rewriting code and pulling features out is time-consuming and un-fun for developers.
- 17. More recent developments - Patent aggression entities are getting bigger - Targets are getting smaller - Stack vs. special sauce
- 18. 1,300 shell companies at Intellectual Ventures
- 19. "...patent trolls... are increasingly targeting users and adopters, rather than makers of the technology: this tactic is used an estimated 40% of the time." Colleen V. Chien: Tailoring the Patent System to Work for Software and Technology Patents
- 20. Part 3: A solution for every pot
- 21. The current standard for patentability
- 22. The current standard for patentability - Patentable subject matter: new and useful, no algorithms
- 23. The current standard for patentability - Patentable subject matter: new and useful, no algorithms - Novel: you can't patent something people are already using
- 24. The current standard for patentability - Patentable subject matter: new and useful, no algorithms - Novel: you can't patent something people are already using - Non-obvious: it can't be obvious to someone in that field
- 25. The current standard for patentability - Patentable subject matter: new and useful, no algorithms - Novel: you can't patent something people are already using - Non-obvious: it can't be obvious to someone in that field - Useful: must have utility and be possible
- 26. Here comes the judge?
- 27. Big solutions == big money
- 28. Judicial Solutions - Lower the plaintiff's incentive to sue
- 29. Judicial Solutions - Lower the plaintiff's incentive to sue - Set precedent that better upholds the existing statute
- 30. Judicial Solutions - Lower the plaintiff's incentive to sue - Set precedent that better upholds the existing statute - Set precedent that treats software patents differently than other patents
- 31. We oughta pass a law!
- 32. Congress also ain't cheap
- 33. Legislative Solutions - Improve the America Invents Act
- 34. Legislative Solutions - Improve the America Invents Act - Get rid of patents altogether, or just software patents
- 35. Legislative Solutions - Improve the America Invents Act - Get rid of patents altogether, or just software patents - Make the plaintiff pay the legal fees, aka SHIELD
- 36. Legislative Solutions - Improve the America Invents Act - Get rid of patents altogether, or just software patents - Make the plaintiff pay the legal fees, aka SHIELD - Raise patent or maintenance fees
- 37. Doesn't the government have “people” for that?
- 38. Policy Solutions Basically, how can the USPTO enforce the existing statute in a helpful way?
- 39. Policy Solutions - Require written descriptions and definiteness
- 40. Policy Solutions - Require written descriptions and definiteness - Allot more resources for software
- 41. Policy Solutions - Require written descriptions and definiteness - Allot more resources for software - Stop assuming validity
- 42. Policy Solutions - Require written descriptions and definiteness - Allot more resources for software - Stop assuming validity - The Federal Trade Commission could step in
- 45. Ok, actually it is free, but it requires some work
- 46. Community Solutions - Defensive patent pool (OIN)
- 47. Community Solutions - Defensive patent pool (OIN) - Identify relevant prior art
- 48. Community Solutions - Defensive patent pool (OIN) - Identify relevant prior art - Defensive Patent License (DPL)
- 49. Community Solutions - Defensive patent pool (OIN) - Identify relevant prior art - Defensive Patent License (DPL) - Continue to build awareness and draw attention to the problem
- 50. For your reading "pleasure" Colleen V. Chien: Reforming Software Patents (Houston Law Review) Tom Ewing & Robin Feldman: The Giants Among Us (Stanford Law Review) Dan L. Burk & Mark A. Lemley: The Patent Crisis and How the Courts Can Solve It
- 51. Picture Credits CC-BY Green Curtain by Prairie Kitten, Ruler by Sterlic Parchment Paper by Temari09, Cargill Pool Grain Elevator by amerune, Dad's Teeth by Spider Dog, Chill Pill by mirjoran, Dark Ice by dcdailyphotos, Feeding Turtles by Ollie Crafoord, SCOTUS Stairs by Phil Roeder, Overview by jcbmac, Trust Fall by Vos Efx Road by Jo@net CC-BY-SA Lightbulb by eoin, Wet Grass by qgil Graphs source: PatentFreedom © 2013. Data captured as of January 18, 2013
- 52. For your reading "pleasure" Colleen V. Chien: Reforming Software Patents (Houston Law Review) Tom Ewing & Robin Feldman: The Giants Among Us (Stanford Law Review) Dan L. Burk & Mark A. Lemley: The Patent Crisis and How the Courts Can Solve It