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[News] Patent Law Shown to be Broken

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Quicker, cheaper solutions needed for patent law

,----[ Quote ]
| A further possibility, which is being trialled in the US in relation to 
| software patents, is to expose patent applications to comment from those in 
| industry. This would enable interested players to draw prior art to the 
| attention of the examiner, and potentially also to identify ambiguity or lack 
| of clarity. This would presumably assist examiners greatly in dealing with 
| complex and new technologies.     
| The second major protection for the system is to ensure that those who wish 
| to challenge the validity of a patent have access to a cost-effective dispute 
| resolution mechanism. Typically, running a hotly contested patent case in the 
| Federal Court can cost upwards of $2 million and take over a year to get to 
| trial. On this basis, smaller players and issues that affect smaller markets 
| will be shut out.     


How to Attract Patent Litigation

,----[ Quote ]
| If you’re a federal district court, that is.
| The answer? You need something not every federal district has. The Eastern 
| and Southern Districts of Texas have them. The Northern District of 
| California has them. The Districts of Pennsylvania (Western), Georgia 
| (Northern) and Illinois (Northern) have them. In fact, so many U.S. District 
| Courts have them that its getting difficult to keep up. Like so many things 
| in life, at first its an advantage to have them, and eventually it becomes 
| necessity.      



Patent system 'stifling science'

,----[ Quote ]
| The traditional view is that strong patent protection stimulates innovation,
| reassuring companies that it is safe to invest in research without fear of
| being stung by rivals.
| [...]
| The full benefits of synthetic biology and nanotechnology will not be
| realised without urgent reforms to encourage sharing of information, they
| say.


FTC Announces First in Series of Hearings on Evolving Intellectual Property

,----[ Quote ]
| The US Federal Trade Commission has announced the first of a possible series
| of public hearings to explore the evolving market for intellectual property
| (IP). The hearings will be held beginning on December 5, 2008, in Washington,
| DC. "The patent system has experienced significant change since the FTC
| released its first IP Report in October 2003, and more changes are under
| consideration. The courts and patentees are exploring the full implications
| of Supreme Court and Federal Circuit decisions on injunctive relief,
| patentability, and licensing issues. Congress has considered sweeping
| legislative patent reform, and new debates on the appropriate methods for
| calculating infringement damages have engaged the patent community. New
| business models for buying, selling and licensing patents have emerged and
| evolved since 2003. In addition, there is new learning regarding the
| operation of the patent system and its contribution to innovation and
| competition."

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