|
(NaturalNews) The "obviousness" of patents is about to be confronted by the nation's most Supreme Court of law, in a case that could have broad implications for the tech industry.
In recent times, software and hardware makers have long complained that a glut of so-called junk patents threatens to disrupt the way they do business.
One of the most common complaints from these firms and companies centers around the actual patent, and what courts should consider when deciding whether an invention is too "obvious" to warrant protection. Timothy Teter, an intellectual property attorney, said "You have some people in industry who say, oh, come on, you've got to be kidding me. This is something we wouldn't ever bother to write down because it's obvious and we're in a fast-moving field."
This new Supreme Court case began during in an obscure patent spat about vehicle gas pedal designs involving two companies without mainstream name recognition -- KSR International and Teleflex. Teleflex had sued KSR for infringement of its patent on a gas pedal design that KSR contends is no more than an obvious melding of two existing inventions.
The potential legal ripple effects of the high court's ruling in the KSR vs. Teleflex case are great, and high-tech companies say there's much at stake for them in the court's ruling.
For example, a tiny start-up company called Eolas Technologies said that Microsoft's Internet Explorer infringed on a patent that they claim covers browser plug-ins and applets. One of Microsoft's arguments was that the existence of old technology showed the Eolas idea was a no-brainer to anyone knowledgeable in the field. Even so, this case continues to this day in the court system -- seven years after it began.
Larger corporations like Intel and Cisco Systems have submitted supporting briefs that urge the Supreme Court to revise an earlier ruling. That ruling -- both companies claim -- has helped make it easier to obtain patents on seemingly "obvious" combinations of pre-existing inventions.
Will Rodger, director of public policy for the Computer and Communications Industry Association, said the eradication of "obvious" patents from the system in addition to ridding the court system of such cases will have a big impact on the technology sector.
"You will have more real investment in our research and development, you will have more confident innovators, and you won't have companies worrying about potentially infringing a patent they know is bogus in the first place."
###
Related Articles
• Bad Patents, Evil Corporations and the Rise of Intellectual Imperialism
• Thailand challenges Big Pharma, threatens to further override patents to give Thai people more affordable generic medicine
• Influenza virus samples, vaccine patents and corporate lies
• Novartis sues India over drug patents; seeks to block generic manufacturing by third world nations
• The Politics of National Health Care Reform: Why no Popular Presidential Candidate can Solve Our Health Care Crisis (transcript)
 |
Additional Resources:
patents
Supreme Court
patent law
|
Take Action: Support NaturalNews.com
Email this article to a friend
Share this article on: NewsVine | digg | del.icio.us
Permalink to this article: http://www.NaturalNews.com/021199.html
Reprinting this article: Non-commercial OK, cite NaturalNews.com with clickable link.
|
 |
 |
Receive our Natural Health Newsletter for FREE
Subscribe now (it's free!) to win. We randomly choose a subscriber each month to send $100 in eco-home products or a RealGoods.com gift certificate (our choice). Plus, you'll receive FREE news, articles and action alerts from NaturalNews.com editors and join over 800,000 monthly readers who report extraordinary health improvements after becoming a subscriber!
- Receive breaking news alerts on natural health solutions, renewable energy, the environment, global warming and more.
- Receive a free instant download of our $29 Secret Sources guide that reveals top sources for little-known health and diet solutions.
|
|
 |
 |
Recommended Special Report:
Seven Words that can Change the World
by Joseph R. Simonetta
Read this special report now...
"Seven Words That Can Change the World reveals the astonishing, simple truths that have the power to forever transform our world for the better while freeing our minds from the enslavement of limiting beliefs. This is not a text for the simple-minded; it is a guiding philosophy for the mindful, intelligent few who are wise enough to seek out -- and recognize -- the higher simplicities of truly purposeful living." - Mike Adams, the Health Ranger, editor of NaturalNews.com
|
More on NaturalNews.com:
• Streaming Health Ranger Videos
• CounterThink Cartoons
• FREE Special Reports
• Podcasts
|
 |
|