EFF Launches Patent Busting Campaign

SAN FRANCISCO, Calif. – Civil liberties group the Electronic Frontier Foundation (EFF) took a stand against bad patents Monday by announcing a new campaign to keep the United States Patent and Trademark Office (PTO) on its toes and more alert to patent submissions that have chilling effects on Internet innovation and free expression.

The Federal Communications Commission (FCC) released a report recently on current problems with the patent system and how to reform it, including how to get rid of bad patents through a new administrative procedure that will make it easier for firms to challenge a patent’s validity, and a process of allowing courts to find patents invalid based on the preponderance of evidence.

"A number of these bad patents are targeting individuals who have no financial resources to hire lawyers," Jason Schultz, a staff attorney for EFF, told XBiz. "Those are the ones we are concerned about."

Schultz says that over the past year numerous patent claims have emerged over processes that have been happening in the real world for years, long before the rights to the patents were ever granted. For example, a company recently stepped forward claiming to own the rights to the process of hyperlinking.

The EFF's new patent initiative intends to pinpoint certain patents that have been approved by the PTO and then request a reexamination. The process first entails a formal letter submitted to the PTO regarding a particular patent. Then the patent holder gets a chance to respond to the request for reexamination. The EFF gets another rebuttal after that, and then it is up to the PTO to review the patent and make another determination regarding its validity.

"Any patent can be challenged at any time under a reexamination procedure," said Schultz. "Essentially it is up to the examiner."

In order to get a patent application approved in the first place, the holder must prove to the PTO that it is a novel idea and that its creation entailed a creative or inventive "leap."

EFF cooked up the idea for its proactive stand against certain patents because in many cases, if certain companies or individuals contest patents directly to the PTO they could detract from their own legal defense if litigation becomes the next step.

"The reason EFF needs to do this is because any argument that is raised or could have been raised during this reexamination process cannot be raised as a future defense," said Schultz. "You get one bite of the apple. So a lot of companies are worried because they could take the chance here, but if they lose, they could lose legal weapons. Whereas EFF can be a more neutral party."

And while Schultz is critical of some aspects of Acacia Technologies Group's patents, he believes that some of their claims might actually be valid.

"There are pieces of their patents that are really bad," he added. "A lot of the technology has been around for a long time. The general idea that they control audio or video over a distribution network is absurd."

Shultz went on to claim that Acacia and many other companies are out to build themselves "war chests" by collecting fees from some of the smaller players in the industry.

"More and more, people are using software and Internet technology to express themselves," said EFF Staff Attorney Wendy Seltzer. "Patent owners who threaten this expression are creating a chilling effect on free speech."

EFF will announce later this month which patent companies it intends to target. EFF will post those company names on a specific website and encourage people to submit evidence of prior art.

"When we feel we have a strong enough case, then we will take all the prior art we have collected and file it with the patent office," said Schultz.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More