Patents
While patent rights were designed to promote investment, public disclosure, and most importantly, useful innovation, the patent system is often abused. In the past decade, the U.S. Patent and Trademark Office (PTO) has been inundated with applications for so-called "inventions" that are neither innovative nor useful. When bogus patent applications are granted, they actually discourage progress and impede the growth of a public domain of knowledge.
There are many ways to promote better patent quality and a vibrant knowledge commons. One approach is to advocate for good legislation in Congress and proper interpretation of that legislation by the courts. Another is to promote enforcement efforts, such as the reexamination of bogus patents. EFF employs both approaches to protect the public interest while supporting innovation.
You can review EFF writing and legal work on Patents below, or check out the EFF Patent Busting Project, which challenges the top ten most dubious software patents.
Patents Cases
- KSR v. Teleflex
- In re BilskiIn re Bilski is an appellate court case that provides an opportunity to eliminate business method patents and curtail efforts to claim monopolies on basic human skills, behaviors, and interactions.
- Quanta v. LGEFF Files Supreme Court Amicus Brief Supporting Consumers' Right to Use, Repair, and Resell Patented Goods.
- Merck v. Integra
- eBay v. MercExchange
In The News
- INFOWORLD | September 04, 2007 Consumer groups back patent bill
- ARS TECHNICA | August 22, 2007 1998 newsgroup posts could help EFF overturn broad patent on "virtual subdomains"
- IPLAW360 | February 06, 2008 Plan To Change Patent Review System Alarms EFF
- EWEEK | May 29, 2007 The Patent Puzzle
- CNET | May 24, 2007 Novell joins EFF for patent reform
- THE CHRONICLE OF HIGHER EDUCATION | April 05, 2007 Protecting Your College From Patent Lawsuits Over Technology
Other Resources
- The EFF Patent Busting Project
- The Patent Preventor Project[wiki.mozilla.org]
Deeplinks Posts
- May 02, 2008 Patent Reform Act Stalls in the Senate
- March 12, 2008 Reexamination Improves Patent Quality: A Look at the Latest USPTO Filing Data
- March 03, 2008 Wanted: Prior Art to Bust Firepond/Polaris Patent
- February 04, 2008 EFF Asks U.S. Senate To Protect Reexamination Proceedings (and the Patent Busting Project)
- January 29, 2008 Barracuda Networks Asks For Help in Defending Free and Open Source Patent Claim
- December 28, 2007 U.S. Patent Office officially rejects all sixteen Test.com patent claims
- December 23, 2007 Should Yahoo! be able to patent "smart drag and drop"?
- June 11, 2007 Carfax patents online searching for used cars with clean titles
Press Releases
- March 12, 2008 Patent Office Grants EFF's Request for Reexamination of Online Gaming Patent
- January 31, 2008 EFF Takes Aim at Bogus Online Gaming Patent
- November 15, 2007 EFF Wins Reexamination of Bogus Internet Subdomain Patent
- November 13, 2007 EFF Supports Consumer Right To Repair, Resell Patented Goods
- October 23, 2007 EFF Wins Reexamination of Bogus Patent
- August 22, 2007 EFF Challenges Bogus Patent on Internet Subdomains
- May 23, 2007 Novell and EFF Team Up to Reform Software Patents
- April 24, 2007 EFF Challenges Bogus Patent Threatening Consumer Awareness Products


