Most believe that patent troll activity must be reined in to protect the system. But not everyone can agree on the best method.

Is Congress moving too quickly to reform intellectual property law?

November 11, 2013 4:35 pm Published by Leave your thoughts

As this blog has mentioned previously, the U.S. seems poised for intellectual property reform. Among the many issues the current system faces, the one that commands the most public attention is that of patent trolls. These entities hold numerous patents and make their living by suing legitimate businesses, forcing many to settle out of court for large sums of money.

Most believe that patent troll activity must be reined in to protect the system. But not everyone can agree on the best method.

For example, in a recent CNet article contributor Bernard Knight Jr., the former general counsel for the U.S. Patent and Trademark Office, argued that lawmakers need to be careful not to pass "knee-jerk" legislation that only makes the problem worse.

He cites a proposal by Representative Bob Goodlatte (R-VA) to submit all commercial software patents to the same post-grant review process that business method patents must undergo. This would allow businesses and individuals to seek a review of a patent through the Patent and Trademark Office to determine its validity. Under this system, the argument goes, fewer patent trolls would be able to launch lawsuits with questionable patents.

However, Knight argues that this would add to the software industry's expenses, since it would find itself on the receiving end of more challenges to patents. Of course, that is assuming that the Patent and Trademark Office possesses the necessary resources. 

As efforts are made to reform the patent system, businesses that seek to protect their intellectual property must work with a Phoenix business attorney to stay informed about changes in the law.

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