Feb
21
Patent reform more than domestic matter
Posted by Dirk Avery at 10:49 am under Patent.
Bernard Frieder, of the Jerusalem Post, makes a case against the proposed reforms to the patent system based on international repercussions. His basic point is that the reform provides large companies with an unfair advantage over startups and foreigners.
THE PROPOSED changes would greatly increase the costs of securing a basic US patent and expand filing requirements and processing time, thereby reducing a patent’s term of protection.
Also, a US patent would no longer be a secure asset since its validity could be challenged during the course of its effective life… The potential for costly litigation would skyrocket and patent holders would be forced to “lawyer up” - to defend themselves against opportunistic plaintiffs.
Challenges could… be initiated by third parties and competitors from anywhere in the world so long as they employed the right lawyers. Moreover, grounds for initiating and achieving a successful challenge would be significantly broadened. An established patent could be overturned on a technicality…
Calculation and allocation of damages would likewise be altered in ways that reduce compensation for those whose patents are violated.
Deep-pocket challengers would be able to wear down smaller, financially vulnerable entrepreneurial companies, giving unfair advantage to the entrenched global companies over the upstart innovators.
Are these necessary consequences of reform?