Info 202 Fall 2011

Our patent system is one of the more convoluted organizing systems that our federal government employs. The US Patent and Trademark Office (USPTO) is in charge of organizing and approving new inventions (and associated rights). However with the explosion of new technologies, our aging system is in dire need of reform to handle the diverse load. Arstechnica points out how the upcoming patent reform bill fails to address the major issues.

What will (won't) the new bill do for US Patents? The biggest change will be going to a "first to file" system from a "first to invent" one. "As the name suggests, this new system would grant a patent to the first person to file an application with the patent office"; a challenge system will be in place to protect original inventors. The whole point of patents is to provide temporary exclusive rights to the intellectual owner while sharing the knowledge for future growth. I'm not sure the new system will actually better serve that need. Many consider the change a victory for large businesses as they have the financial means to pay a full time patent lawyer for expedited filing.

The reform fails to address ongoing questions about the classification of patents and how they should be regulated.  For example, what makes software patentable? What about software that is independent of the hardware used? Timothy Lee points out in his article that instead of addressing such issues holistically, specific clauses and provisions attempt to alleviate narrow case issues. 

Looking at the current legal battles between tech giants, it's no wonder that this organizing system is in need of its own reorganization. At the very least, the changes should have a positive operational impact for the US Patent and Trademark Office.