The EFF has pledged to file "re-examination" requests with the
United States Patent and Trademark Office (USPTO), asking the
agency to revoke patents that are having negative effects on
internet innovation and free expression.
Business method patents cause even more controversy than
software patents. But the EFF complains that they are granted by
the USPTO on the basis that any question over the legality of the
patent can be dealt with by the courts – putting the onus and the
cost of ensuring that a patent is valid onto competitors of the
patent owner.
While the EU provides limited scope for software patents, pure
business methods cannot be patented. The pressure on the USPTO to
tighten its rules for patentability has been growing, with both the
US Federal Trade Commission and the US National Academy of Sciences
recommending reform. The EFF has now added its voice to the
protests by launching its own so-called Patent Busting Project.
"Patents traditionally only targeted large commercial
companies," said EFF Staff Attorney Jason Schultz. "Now bad patents
are threatening non-profits, small businesses, and even individuals
who use software and internet technology."
The new EFF initiative seeks to document these threats and fight
against them by asking the USPTO to re-examine targeted patents. In
particular the EFF will be looking to find evidence of prior art –
that the feature being patented was already in the public domain
prior to the grant – to prove that the patent is invalid.
"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."
