How To Fight Bad Patents: 2023 Year In Review

Favorite At EFF, we believe that all the rights we have in the offline world–to speak freely, create culture, play games, build things and do business–must hold up in the digital world, as well.  EFF’s longstanding project of fighting for a more balanced, just patent system has always borne free expression in mind. And patent…

Is Landmark Technology’s Two-Decade Patent Assault On E-Commerce Finally Over? 

Favorite Landmark Technology’s U.S. Patent No. 7,010,508, and its predecessor, are very likely two of the most-abused patents in U.S. history. These patents, under two different owners, have been used to threaten thousands of small businesses since 2001.  In just one 18-month period, the ‘508 patent was the subject of more than 1,800 patent demand…

This Bill Would Revive The Worst Patents On Software—And Human Genes  

Favorite The majority of high-tech patent lawsuits are brought by patent trolls—companies that exist not to provide products or services, but primarily have a business using patents to threaten others’ work.  Some politicians are proposing to make that bad situation worse. Rather than taking the problem of patent trolling seriously, they want to encourage more…

The U.S. Patent Office Should Drop Proposed Rules That Favor Patent Trolls

Favorite More than 14,000 people and organizations, including EFF, have sent public comments responding to a wrongheaded proposal by the U.S. Patent and Trademark Office (USPTO) to change the rules about patent challenges in a way that would favor patent trolls.  If implemented, the proposed rule changes could seriously damage the system of “inter partes…

Stupid Patent of the Month: Clocking In To Work—On an App

Favorite What if we told you the Stupid Patent of the Month has a sponsor, but we don’t know who it is? That would seem shady, wouldn’t it?  This month’s stupid patent, U.S. Patent No. 9,986,435, was brought to you—to all of us, really—from the murky depths of the litigation finance industry. Originally assigned to…

Two Ways The U.S. Patent Office Could Do Better At Examination

Favorite The patent examination process is rife with problems. Too often, patent law supports applicants seeking unwarranted monopolies—not the public interest. That’s why we get things like Amazon’s patent on white-background photography. This is especially true when it comes to software and so-called “business methods,” a catchall term for patents that are often granted for…

Stupid Patent of the Month: Digital Verification Systems Patents E-Signatures 

Favorite Patent trolls make patents, and argue over them. They don’t have to ever make the thing described in their patents, if it’s even possible to determine what those things are. Instead, they generate legal threats and waste the time and money of companies that do do these things.  This month’s Stupid Patent of the…

Seeing Patent Trolls Clearly: 2022 in Review

Favorite The internet can be a powerful tool for communicating, collaborating, and finding community. But lawsuits and threats from patent trolls have been an obstacle to the dream of a free and open internet. That’s why EFF has been fighting back against them for more than 15 years.  Patent trolls are companies that are focused…

Victory! Judge’s Critical Investigation of Patent Troll Companies Can Move Forward

Favorite In recent months, Delaware-based U.S. District Court Judge Colm Connolly started an inquiry into some patent trolling companies that have filed dozens of lawsuits in his court. Last month, lawyers for the patent troll companies appealed to the U.S. Court of Appeals for the Federal Circuit, seeking to shut down the investigation. Those events…

This Judge’s Investigation Of Patent Trolls Must Be Allowed to Move Forward

Favorite If you get sued, you should be able to figure out who sued you. Remarkably, though, people and companies who are accused of patent infringement in federal court often have no idea who is truly behind the lawsuit. Patent trolls, companies whose main business is extorting others over patents, often hide behind limited liability…