USPTO opens debate on improving software patents
The US Patent and Trademark Office (USPTO) is aiming to boost the quality of the software patents it grants by launching a new project, the Software Partnership.
Two roundtable discussions in February, the first events under the project, will allow industry stakeholders to share their views on software patents and suggest how to improve them.
The USPTO has requested written suggestions on what the project should cover by March 15. The office has proposed one topic—establishing clear boundaries for claims using functional language, which describe processes but have no corresponding inventions—and wants feedback on it.
In a post on its website, the USPTO said another topic will cover preparing patent applications, with a request for comments on this “forthcoming”.
These initial ideas for the project, described as a cooperative effort between the office and the software community, are based on “input” the USPTO has received on software patents. This input includes public commentary, industry requests to address patent quality and insight from litigation.
The first roundtable event, in Silicon Valley, will be on February 12. New York City will host the second event on February 27. More events and discussions will follow throughout 2013, but the office first needs more information on which topics the partnership should cover.
The move follows public criticism of software patents amid a flurry of high-profile smartphone lawsuits, particularly in the US, involving companies such as Apple, Samsung, HTC, Motorola and Nokia.
One critic, US judge Richard Posner, who said the US patent system was chaotic during a trial between Apple and Motorola, explained his opposition to software patents in a blog post in September 2012:
“Most software innovation is incremental, created by teams of software engineers at modest cost, and also ephemeral—most software inventions are quickly superseded. Software innovation tends to be piecemeal... The result is huge patent thickets, creating rich opportunities for trying to hamstring competitors by suing for infringement—and also for infringing, and then challenging the validity of the patent when the patentee sues you.”
While some reports have suggested the new project could be the first step towards reforming software patents, the USPTO has not stated what the Software Partnership will lead to, if anything.
Bob Stoll, partner at Drinker Biddle in Washington, DC, said reform was not necessary:
“I think the focus should be on improving the quality of the software patents themselves. Providing for claims that are clearer and not overly broad is the first step in tackling the problem. Developing more comprehensive databases for better searches is the second. Let’s try fixing these two problems, using tried and true methods, before we look to more drastic changes which may have unintended consequences that affect this industry in a deleterious manner.”
For more information about attending the events or submitting public comments, click here.
