The Electronic Frontier Foundation, Public Knowledge and Engine have submitted comments [PDF] to the US Patent and Trademark Office explaining how examiners could improve the quality of patents that the USPTO issues by expanding their search for "prior art" (that is, evidence that the thing under discussion has already been invented) by building searchable databases, and by seeing through the common, misleading practices of using synonyms for common words to make obvious things sound new.
As EFF points out in its post on the filing, the real answer for this is action from Congress to reform patents and end patent-trolling, but these are all useful steps for the USPTO to take in the meantime.
Last week, together with Public Knowledge and Engine, EFF submitted written comments urging the PTO to do better at finding the most relevant prior art. We recommend that the office work to create searchable databases of existing software programs. We also urge the PTO to see past the kind of deliberate obfuscation that is too common in software patent applications. Applicants should not be able to get patents simply by inventing new words for old things.
Ultimately, while improved patent examination and fewer bad patents would be a good thing, we need fundamental reform to solve the current crisis. We hope this will include the Supreme Court striking down abstract patents, striking down vague patents, and new legislation from Congress that takes on the patent troll business model. We’ll continue to work on multiple fronts to keep innovation safe from bad software patents.
Why is the Patent Office So Bad At Reviewing Software Patents?
Earlier this month, I gave the afternoon keynote at the Internet Archive’s Decentralized Web Summit, and my talk was about how the people who founded the web with the idea of having an open, decentralized system ended up building a system that is increasingly monopolized by a few companies — and how we can prevent the same things from happening next time.
Corrections Corporation of America (CCA) is one of the world’s largest private jailers; it runs prisons and immigration detention centers across the USA (and is diversifying into halfway houses, mental health center, and surveillance for poor neighborhoods). Mother Jones’s Shane Bauer went undercover at CCA’s Winn Prison in Louisiana, the state with the highest incarceration […]
Steven Levy is in characteristic excellent form in a long piece on Medium about the internal vogue for machine learning at Google; drawing on the contacts he made with In the Plex, his must-read 2012 biography of the company, Levy paints a picture of a company that’s being utterly remade around newly ascendant machine learning […]
Some truths are universal. For one, your phone will always run out of power when you most need it. For another, the charging cords that come packaged with your Apple device will fray, split, and rip faster than Usain Bolt in a game of tag.Instead, pick up a charging cord that anyone would have a tough […]
Some people say magic tricks are nerdy and best left to your 12-year-old asthmatic cousin. But others see value in perfecting the slight of hand and showmanship associated with a perfectly executed routine. We’re firmly in the latter camp. And now, we’re giving you the ability to put a few parlor tricks up your sleeve with the Penguin […]
Bluetooth speakers may be convenient to use, but many of them just aren’t that powerful. Sure, it may be fine if you’re seated in front of the speaker. But move across the room, and you may strain to hear what’s coming from those tiny drivers.There’s a reason why the G-BOOM Wireless Bluetooth Boombox (now $79.99 in the Boing […]