"The rights we have in the offline world–to speak freely, create culture, play games, build new things and do business–must be available to us online, as well. This core belief drives EFF’s work to fight the misuse of the patent system.

Despite significant progress we’ve made over the last decade, patents, and in particular vague software patents, remain a serious threat to online rights. The median patent lawsuit isn't filed by what Americans would recognize as an ‘inventor,’ but by an anonymous limited liability company that provides no products or services, and instead uses patents to threaten others over alleged infringement. In other words, a patent troll. In the tech sector, more than 85% of patent lawsuits are filed by these “non-practicing entities.”

That’s why at EFF, we continue to help individuals and organizations fight patent threats related to everyday activities like using CAPTCHAs and picture menus, tracking packages or vehicles, teaching languages, holding online contests, or playing simple games online.

Here’s where the fight stands as we move into 2025."

https://www.eff.org/deeplinks/2024/12/fighting-progress-patents-2024-review

#Patents #PatentTrolls #IP #USA

"Good news: the Senate Judiciary Committee has dropped one of the two terrible patent bills it was considering, the patent-troll-enabling Patent Eligibility Restoration Act (PERA).

Bad news: the committee is still pushing the PREVAIL Act, a bill that would hamstring the U.S.’s most effective system for invalidating bad patents. PREVAIL is a windfall for patent trolls, and Congress should reject it.

One of the most effective tools to fight bad patents in the U.S. is a little-known but important system called inter partes review, or IPR. Created by Congress in 2011, the IPR process addresses a major problem: too many invalid patents slip through the cracks at the U.S. Patent and Trademark Office. While not an easy or simple process, IPR is far less expensive and time-consuming than the alternative—fighting invalid patents in federal district court."

#USA #Patents #IP #PatentTrolls

https://www.eff.org/deeplinks/2024/11/prevail-act-would-wreck-us-patent-review-system

"PERA would not only revive these dangerous technology patents, but also expand patenting of human genes—a type of patent the Supreme Court essentially blocked in 2013.

The Senate Judiciary is also scheduled to vote on the PREVAIL Act (S. 2220) that seeks to severely limit the public’s ability to challenge bad patents at the patent office. These challenges are among the most effective tools for eliminating patents that never should have been granted in the first place.

Passing these bills would sell out the public interest to a narrow group of patent holders. EFF stands together with a broad coalition of patients rights groups, consumer rights organizations, think tanks, startups, and business organizations to oppose these harmful bills.

This week, we need to show Congress that everyday users and creators won’t support laws that foster more patent abuse. Help us send a clear message to your representatives in Congress today."

https://www.eff.org/deeplinks/2024/11/tell-congress-stop-these-last-minute-bills-help-patent-trolls

#USA #Patents #IP

Update. In rural America, right-to-repair laws are the leading edge of a pushback against growing corporate power.
https://theconversation.com/in-rural-america-right-to-repair-laws-are-the-leading-edge-of-a-pushback-against-growing-corporate-power-199372

"Under the agreement, John #Deere promises to give farmers and independent repair shops access to manuals, diagnostics and parts. But there’s a catch – the agreement isn’t legally binding, and, as part of the deal, the influential #FarmBureau promised not to support any federal or state #RightToRepair legislation."

#patents

New in @ScienceMagazine: @colleen_chien and I explore a critical issue in #patent law: why are so many contributors, particularly women and junior innovators, left unrecognized on #patents? https://www.science.org/doi/10.1126/science.adj2911

Effects of the #OpenAccess mandate at the US Department of Energy (#DOE): "Articles subject to the mandate were not cited more frequently by other academic papers" but were cited 42% more often in #patents, which the authors take as a "proxy for technological development." Among the "primary beneficiaries" of the policy were "small firms" or those "with historically low access to scientific research."
https://www.cell.com/iscience/fulltext/S2589-0042(23)01817-5

#Funders #OAintheUSA