PTO

Patent reform and patent totalitarianism

Patent reform and patent totalitarianism

Touted as the most extensive revision of the patent law since 1952, the America Invents Act of 2011 was signed by the President on September 16. You might think in light of the celebration and rhetoric, that the Act was tackling the big problems such as patent trolls, broad and abstract patents, the billions squandered in the smartphone wars, or opportunistic litigation against users. You might think that. But you would be wrong. » Read more

2 Comments

The PTO addresses Bilski and software patents

When the Supreme Court decided the Bilski case, it didn't speak directly to the issue of software patents.  But the Bilski majority  emphasized that abstract ideas are not patentable, and recognized that allowing patents for abstract ideas could hinder innovation.  Thus there's still room for discussion of the legal standard for when, if ever, there should be patents on software.  » Read more

11 Comments

Can programming language names be trademarks?

Can–or should–a programming language name be a trademark? The Trademark Trial and Appeal Board, the administrative board within the U.S. Patent and Trademark Office that adjudicates whether trademarks can be registered, recently decided that the word “Lua” was not a generic name for a programming language, but rather that the term referred to a particular proprietary language. Is it right though, that someone is allowed to exercise proprietary rights over a programming language name? » Read more

19 Comments