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[News] US Patent Reform Bill is a Joke

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Patent Reform Bill Reintroduced; More Of The Same

,----[ Quote ]
| Unfortunately, the stuff that I think is good and necessary in the bill, such 
| as limiting damages to the actual contribution of the patented technology, 
| are what's considered "controversial," whereas many of the things I think are 
| bad, such as switching from a "first to invent" to a "first to file" system 
| aren't being considered that controversial at all. On the whole, this bill 
| would solve some problems, while creating plenty of other problems, so I have 
| a lot of trouble supporting it.      


Patent Reform Act of 2009

,----[ Quote ]
| Patent reform legislation has now been introduced in both the House and the 
| Senate. The provisions call for major reforms and mirror much of the proposed 
| legislation from 2008.  If anything, this is not a consensus Bill.  File 
| Attachment: SenateBill.pdf (116 KB) File Attachment: HouseBill.pdf (180 KB)    


Controversial provisions remain in patent reform bill

,----[ Quote ]
| Democratic and Republican leaders in Congress on Tuesday introduced a patent 
| reform bill (PDF) that aims to pick up where previous patent reform efforts 
| left off.   
| [...]
| The latest version of the bill also strikes the 18-month publication 
| requirement previously included, since labor unions and small inventors 
| expressed concern that patent applicants not seeking protection abroad would 
| see their inventions used overseas without compensation. The new bill also 
| adopts the language from the House version of the 2007 bill that would alter 
| the post-grant review process.     


Silicon Valley Raises Voice on IP Reform

,----[ Quote ]
| The main event of the reform bill this go-round will be the debate over 
| damages for patent infringement, according to IP experts. High-tech companies 
| have been pushing for so-called "damage apportionment" -- the idea that 
| inventors shouldn't get outsized payments if just a small component of a 
| many-featured product, like a computer, is infringing on their 
| patent...."Most of the real problems identified in [the previous] bills have 
| been solved in the courts," Lemley said.      


Damages key to patent reform debate

,----[ Quote ]
| Big computer and communications companies back the bill as a way to limit the 
| number of patent infringement cases and damages they pay on them.  


US lawmakers take another shot at patent reform 

,----[ Quote ]
| The legislation, introduced in the U.S. Senate Tuesday, is very similar to 
| the Patent Reform Act of 2007, which died on the Senate floor last year. If 
| passed, the 2009 version would change the way the U.S. Patent and Trademark 
| Office works, bring U.S. patent law in line with global laws, and introduce 
| so-called "reasonable royalty" provisions, which change the way damages are 
| calculated and would reduce the likelihood of massive payouts for some patent 
| holders.       



Editor's Note: Intellectual Property Is A Mental Illness

,----[ Quote ]
| This whole "intellectual property" mania is a mental illness that deserves
| its own entry into the Diagnostic and Statistical Manual of Mental Disorders.
| It's like that great movie, "Aguirre: The Wrath of God." Give yourself a
| treat and watch it; it's a wonderful film that takes place after the fall of
| the Incan empire. Lope de Aguirre, played by the perfectly mad Klaus Kinski,
| leads a band of Spanish conquistadors on a quest for El Dorado, the legendary
| City of Gold. The quest is doomed, of course, as they struggle through
| hostile terrain and hostile locals, pushed onward by their own greed and
| ruthlessness.
| [...]
| The tech industry is notorious for thuggish Tony Soprano tactics. How did
| this come about? Pepsi doesn't make you agree to a EULA. DeWalt doesn't tell
| you what you can and cannot do with your own DeWalt tools that you have
| purchased. The fashion and automotive industries copy each other openly, and
| don't waste time suing each other for poaching ideas. Instead they stick to
| the business of trying to win customers the old-fashioned way-- by making
| cool things that people want to buy.
| The proprietary software industry nearly succeeded in killing off the
| second-hand software market, and then had the two-faced gall to whine about
| copyright infringement-- they tolerate it when it opens new markets and shuts
| out the competition, but sooner or later those bad pirates have to pay up.
| Every other industry has a thriving second-hand market, instead of this loony
| game of wink-nudge "piracy", and it benefits everyone-- it opens new markets,
| and reduces the financial risks of early adopters and customers who buy new.
| Microsoft has devoted considerable energy to trying to kill off the
| second-hand hardware market as well by going after schools and non-profits
| that use old, donated equipment, and forcing them to purchase new software
| licenses. Most OEM Windows PCs come with crippled versions of Windows that
| can't be moved to different PCs, but are locked to the original.


Congress may debut patent reform bill Tuesday

,----[ Quote ]
| Patent reform could be introduced in Congress as early as Tuesday (March 3),
| as high tech lobbying groups on both sides of the issue turn up the heat.
| Sources close to the issue said the new bill will pick up where similar bills
| that failed to pass in 2008 left off.
| On one side, big electronics companies want to curb what they claims is a
| rise of frivolous patent infringement suits and damages, often from companies
| whose only business is to acquire and assert patents. On the other side,
| smaller companies and individual inventors say changes in the patent system
| would cut incentives to develop new technology.


Patent Reform at Tilburg

,----[ Quote ]
| 26 and 27 March 2009
| On 26 and 27 March 2009, TILEC - Tilburg Law and Economics Center - hosts an
| international Conference on Patent Reforms in Hotel Krasnapolsky, Amsterdam.
| The conference features internationally renowned speakers and intends to
| foster discussion on patents, innovation and competition policy between
| lawyers, economists and practitioners.

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