Just 7 years since the first iPhone and Android devices were released, it seems like we have a patent war that not only causes many judicial problems, but also warrants intervention by the President himself. Below is an article in The Guardian that discusses how President Obama is taking measures against those who collect patents just to use them as legal weapons.
http://www.theguardian.com/technology/2013/jun/05/obama-patent-trolls
As intellectual property becomes more and more valuable, companies end up fighting over small details. For example, Apple took legal action against Samsung for using a rounded rectangular shape for smartphones. Although many design and technology elements may look trivial on the surface, they can be grounds for intense litigation.
Obama's propositions seek to encourage patent litigation only when the cause is really worth fighting for. Among other points, he calls for full disclosure of those who stand to gain from litigation and awarding of legal costs to the winners.
As we move towards a more modern society, in which intellectual property is worth millions and billions of dollars, I think it's necessary to take measures to prevent patent trolling. Those who use patents as weapons of litigation are not only harming legitimate companies, but stalling the progress of science and technology in general.
https://www.youtube.com/watch?v=wKVI4EO4SVM
I think the key thing here, like you said, is definitely to prevent abusive lawsuits. The Obama administration should try to reform the patent system, and seriously think about the scope of patentable technologies and identify these loopholes that patent trolls have been exploiting.
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ReplyDeleteDo you think the proposed reforms will be effective if implemented? Why?
ReplyDeleteI think President Obama's propositions are taking patent litigation in the right direction, whether they're immediately effective or not. If certain actions prove ineffective, then it's an opportunity to optimize IP law further so that legal abuse is prevented and technological progress is accelerated. Having said that, I think that there are many points of his proposition that could work. For example, requiring patent filers to disclose who really stands to gain from victory is a great way to ensure more transparency. It's well known that big corporations hide behind many small businesses as a strategy to wage patent wars. Disclosing the entities behind these actions will make them less likely to troll in the future.
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