USPTO

patent reform
While almost no one thinks that the America Invents Act (AIA) will completely solve America’s patent problems, there are a few provisions in the AIA that may be useful tools in limiting and/or preventing bad patents. One of these tools is the newly implemented Preissuance Submission procedure,... Read more
3 comments Posted 5 Nov 2012 by Jared Engstrom (Red Hat) Feed
How patents hinder innovation
Patents may have been created to help encourage innovation, but instead they regularly hinder it. The US Patent Office, overwhelmed and underfunded, issues questionable patents every day. "Patent trolls" buy too many of these patents and then misuse the patent system to shake down companies big... Read more
8 comments Posted 6 Mar 2012 by Electronic Frontier Foundation (Red Hat) Feed
A cure for the common troll
Our bridge into the 21st Century presently houses a nasty creature who demands a toll from the best and brightest in our community. The dreaded troll is a regular denizen of our current system of patent enforcement and he poses serious problems for technology companies. Despite the great expense of... Read more
25 comments Posted 20 Feb 2012 by Anthony Biller Feed
Though it might seem to contradict the open source way, I believe it is essential for an open source project to register and protect its trademark. Think about it: You spend hours upon hours creating a project, writing code and building a reputation. The code is free, so anyone can use it, but your... Read more
5 comments Posted 12 Jul 2011 by Tarus Balog Feed
Much of the problem with the current U.S. patent system involves haze. Whether it is ambiguity regarding what the patent covers or murkiness about whether the technology covered by the patent is actually new, patent plaintiffs regularly use this uncertainty to their advantage. This ambiguity–often... Read more
6 comments Posted 11 Jan 2011 by Erick Robinson Feed
By nature of our interests and where open source commonly intersects the law, we post a lot about patents in the Law channel on opensource.com. And it's been an interesting year for patents. In May, a verdict was delivered in favor of Red Hat and Novell in an infringement case based on bad software... Read more
0 comments Posted 30 Dec 2010 by Ruth Suehle (Red Hat) Feed
Clifton Tunnell, a patent attorney registered to practice before the USPTO and associate of Anderson Dailey, LLP in Atlanta, GA and Andrew Norton of the United States Pirate Party and previously Pirate Party International, presented “Three Strikes and You’re Out” in the Electronic Frontiers... Read more
3 comments Posted 3 Sep 2010 by Ruth Suehle (Red Hat) Feed
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... Read more
19 comments Posted 31 Aug 2010 by Pam Chestek Feed