Patents
While patent rights were designed to promote investment, public disclosure, and most importantly, useful innovation, the patent system is often abused. In the past decade, the U.S. Patent and Trademark Office (PTO) has been inundated with applications for so-called "inventions" that are neither innovative nor useful. When bogus patent applications are granted, they actually discourage progress and impede the growth of a public domain of knowledge.
There are many ways to promote better patent quality and a vibrant knowledge commons. One approach is to advocate for good legislation in Congress and proper interpretation of that legislation by the courts. Another is to promote enforcement efforts, such as the reexamination of bogus patents. EFF employs both approaches to protect the public interest while supporting innovation.
You can review EFF writing and legal work on Patents below, or check out the EFF Patent Busting Project, which challenges the top ten most dubious software patents.
Patents Cases
- KSR v. Teleflex
- In re BilskiIn re Bilski is an appellate court case that provides an opportunity to eliminate business method patents and curtail efforts to claim monopolies on basic human skills, behaviors, and interactions.
- Quanta v. LGEFF Files Supreme Court Amicus Brief Supporting Consumers' Right to Use, Repair, and Resell Patented Goods.
- Merck v. Integra
- eBay v. MercExchange
In The News
- TECHNOLOGY NEWS | November 18, 2007 Internet Subdomain Patent Reexamination
- ARS TECHNICA | November 19, 2007 EFF, Others Ask Supreme Court To Reinstate "Patent Exhaustion Doctrine"
- INFOWORLD | September 04, 2007 Consumer groups back patent bill
Other Resources
- The EFF Patent Busting Project
- The Patent Preventor Project[wiki.mozilla.org]
Whitepapers
Deeplinks Posts
- July 29, 2008 Paper Catalog + Computer Database = Patent? Um, No.
- July 25, 2008 When the Reese's Peanut Butter Cups Principle Doesn't Apply
- July 18, 2008 U.S. Patent Office Rejects All Ninety-Five NeoMedia Patent Claims
Press Releases
- October 08, 2008 EFF Challenges Bogus Patent on Internet Music Files
- March 12, 2008 Patent Office Grants EFF's Request for Reexamination of Online Gaming Patent
- January 31, 2008 EFF Takes Aim at Bogus Online Gaming Patent

