Congress is exploring whether companies holding standards-essential patents should be prohibited...

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Keelan Comments (32)
 
Well that's strange... how would you define "standard essential"? The tablet 'design' is essential, but a company trying to exclude competition using a tablet design patent would be shot down in any IP court because touchscreen technology exists... so what about touchscreen technology? Is THAT standard essential? And if it is, doesn't prohibiting allowing companies to benefit from their touchscreen technology patents severely inhibit innovation by making it much less profitable (not to mention, if touchscreen technology IS, then what else is)?
10 Jul 2012, 06:57 PM Reply Like

daro Comments (1277)
 
I agree that is it will be tough to define "standard essential" but it is not impossible. then the law would just eliminate injunctive relief as a remedy. it is actually pretty straight forward. I dont think it will stifle innovation. the patent user will have to pay. that will give the patent creator a big edge.
10 Jul 2012, 11:24 PM Reply Like

cash Comments (422)
 
You can have a patent on an essential standard/technique vital for a technology. But you should agree to license it at reasonable terms... Not use it to ban others from using it altogether. Long time coming...
10 Jul 2012, 07:06 PM Reply Like

Machiavelli999 Comments (821)
 
FINALLY! This is a much needed reform. Companies are more busy hiring lawyers to block each other's products rather than innovating. This cannot come about soon enough. Which is why I'm guessing nothing will happen on this.
10 Jul 2012, 07:43 PM Reply Like

Losing Paper While Gaining ... Comments (490)
 
This is a problem of the patent system, but instead of eliminating the problem they're adding more laws.

And people wonder how politicians come to increase their power over time.
10 Jul 2012, 08:37 PM Reply Like

faustius Comments (397)
 
Sounds good at first glance, but I smell a rat, especially as Google has mostly been on the defensive on patent cases. Are Microsoft, and Apple really lobbying to shoot their own insane patents in the foot?

I recall MS suing on a patent covering saving "long filenames" to any mass storage device. Likewise for Apple suing for owning "displaying a loading element in a browser". I suspect they are lobbying for some kind of super specific definition of "standards-essential patents" that passes over their own IP.

Still it would be a great opportunity for Congress to sweep a bunch of nonsense patents away. I suspect Congress is only "considering" who can pony up the most campaign contributions though.
10 Jul 2012, 09:34 PM Reply Like