Rich Fiscus
6 Feb 2008 14:23
As patent reform legislation makes its way through the U.S. Congress the reaction from EFF activists has been generally positive. However, that may be changing now that they've examined a Senate Judiciary Committee report on the version of the legislation which recently passed the House of Representatives. According to that report, the Patent Reform Act of 2007 changes the rules for third parties like the EFF, making it virtually impossible for them to challenge patents except within the first 12 months after its approval.
Currently the EFF's Patent Busting Project is working to get a number of patents nullified, including 1-click online shopping (U.S. Patent No. 5,960,411), online shopping carts (U.S. Patent No. 5,715,314), hyperlinking (U.S. Patent No. 4,873,662.), Streaming video (U.S. Patent No. 5,132,992), and popup windows (U.S. Patent No. 6,389,458). Although many individuals and organizations have spoken out about patent reform in the U.S., the EFF has gone a step further to legal action, wihch appears to be in jeapordy of being halted as the project picks up steam.
Under current law, an organization with no direct financial interest in a patent must already provide funding to pay for the many man-hours involved in a U.S. Patent and Trademark Office (USPTO) investigation. It seems odd that what appears to be an essential check against abuse of the patent system would be eliminated in the name of reform.