Patent Absurdity

The main reason a lawyer will give for not reading a software patent is that, if you run afoul of the patent and it can be shown that you had knowledge of it, your company will incur triple the damages that they would have, had you not had knowledge of the patent. That seems like reason enough to avoid reading them, but there is an even better reason, and that is, as design or technical documents, software patents suck.

Issues to Consider Before Asserting A Software Patent

Software patents have garnered a lot of attention in recent years due, at least in part, to the proliferation of software-enabled devices, such as smartphones and tablets, and the use of software to control a range of devices from automobiles to kitchen appliances. Enforcement of software patents involves unique legal issues that should be considered before asserting a patent against an accused infringer. A primary issue to consider is whether the patent claims are still patent-eligible under recent changes in the law. Also, certain types of software patents are vulnerable to attack in U.S. Patent Office proceedings, but these proceedings are not available unless the patent owner takes step to provoke them. In addition, software inventions are often implemented as method patents, which have unique requirements and restrictions that should be considered. For example, steps of a method patent must all be performed by an accused infringer in the United States and must all be performed by the same entity (or under the direction or control of that entity). Where a software invention is not implemented as a method patent, pre-suit damages may not be available unless the patentee's own products are properly marked with the patent number, and software has very different requirements for marking than more tangible products. A careful consideration of each of these issues is essential before moving forward with a lawsuit.

Software Patent Manoeuvres

This chapter explores the politics and geopolitics of software patents. Beginning with an introduction to patents as intellectual property (IP), it explores its conflictual nature, especially in the context of free and open source software. This chapter deals with the Indian State’s ambivalent attitude towards the patenting of software, the pressure brought by the Business Software Alliance and others to harmonize India’s patent laws with US requirements, and the consequences of ‘patent thickets’ and its impact on creativity and innovation. It highlights the fact that there is growing recognition of the need for software sovereignty in India, illustrated by the fact that the Indian government has invested in a number of organizations that are committed to local solutions in software, although this ethos is contested by the IP and patent lobbies.

15. Patents

This chapter focuses upon the somewhat complex manner in which the patent system has operated in respect of so-called software-related inventions. Topics discussed include the Patents Act 1977 and the European Patent Convention; the development of software patent jurisprudence; and the mobile phone patent wars.

Legal Research on the Abuse of Patent Litigation and the Defensive Measures for the Japanese and Taiwanese IT Industry

The patent assertion entity (PAE) which known as “the world, particularly severe impact in the US Specifically, in 2013, the report entitled “Patent Assertion and US Innovation” issued by the National Economic Council and Council of Economic Advisers of the US clearly reflected the significant harm of patent assertion toward the economic development of the country. Moreover, the Congress of the United States planned to reconsider the Innovation Act for combating PAEs at the beginning of May. The ongoing discussion in the Congress implies that analyzing the 2015 proposed Innovation Act is important for finding appropriate solutions to solve the remaining problem regarding the abuse of patent litigation in the US, specifically, Patent Trolling activity costs the US economy billions of dollars per year. The IT industry is the main target of patent trollers, briefly, due to the standard for considering the eligibility criteria for a software patent is still weak. Admittedly, many legal scholars believe that the proposed bill will be the significant tool for solving the abuse of patent litigation. For this reason, this research will analyze the major provisions in the proposed bill. Additionally, related cases in the US also will be addressed in this research, for instance, the case between Octane Fitness, LLC and ICON Health & Fitness, Inc. which will be discussed herein. This paper will define the concept of the patent assertion or patent troll and examine the relationship with IT industry. The paper will then clarify the significant role of the Innovation Act 2015 in the patent assertion. Further, this thesis will compare the major provisions of the Innovation Bill 2015 by separating into five main issues with the regulatory framework in Japan and Taiwan, study the rules which were laid down in the landmark cases to understand the court interpretation and propose the suggestion for selected countries to address aforementioned problem. In other words, an analysis of the Patent Assertion Entities situation in Japan and Taiwan will be conducted focusing on the regulatory framework for preventing patent troll and its activities because Japanese and Taiwanese IT Industry normally be targeted by foreign patent trollers. This situation led to the defensive measures issued by the Japanese and Taiwanese government which will be addressed in this paper. A comparative study of the Innovation bill and the domestic laws of Taiwan, Japan, and related factors will be analyzed herein.

Inovação em energias renováveis: reflexões e estudo de prospecção tecnológica

O artigo analisa a interface entre inovação e energias renováveis, mediante estudo de prospecção tecnológica que procurou sistematicamente áreas de pesquisa estratégica e as tecnologias emergentes propensas a gerar benefícios socioeconômicos. Foram analisadas as patentes registradas nos últimos dez anos mediante coleta no software Patent Insight Pro, catalogadas no banco mundial de patentes Space Net. Verificou-se a necessidade de realização de novas parcerias entre instituições de ensino e empresas, para a transferência de tecnologia para energias renováveis, em prol da sustentabilidade.