- The group “End Software Patents” was born recently and asserted that (1) software patent lawsuits result in $11.26 billion in costs; (2) non-software companies are increasingly targeted for software patent infringement suits; and (3) the USPTO and the US Supreme Court [link] do not support software patentability. [Report]
- Joff Wild of IAM questions the 11.26 billion dollar figure and asserts the underlying data on “total cost” includes both legal costs as well as costs to the business from lost market share, management distraction, etc–not simply litigation costs.
Peter Zura’s 271 Patent Blog reports on the Congressional testimony [PDF] of the First Vice-President of the American Intellectual Property Law Association (AIPLA) concerning the average cost to prosecute and obtain a patent.
The Average Cost of Preparing a Patent Application:
- To prepare and file an original application of minimal complexity (10 page specification, 10 claims) by a firm the size of Sughrue Mion, PLLC (an IP boutique with over 100 IP professionals) $8,548.00
- Mechanical cases (relatively complex) $11,482.00
- Electrical/computer cases (relatively complex) $13,684
- Biotechnology/chemical cases (relatively complex) $15,398.00
The Average Cost of Filing an Amendment:
- Minimal complexity $2,244.00
- Mechanical case (relatively complex) $3,506.00
- Electrical/computer case (relatively complex) $3,910.00
- Biotechnology/chemical case (relatively complex) $4,448.00
The government fees for those filings are $1,030.00 (unless the Applicant is a small …
Wednesday the Government Accountability Office released a report [Summary] [Full Report] that found “it is unlikely that the [Patent Office] will be able to reduce the growing backlog simply through its hiring efforts.” The report provided, “The agency has also estimated that if it were able to hire 2,000 patent examiners per year in fiscal year 2007 and each of the next 5 years, the backlog would continue to increase by about 260,000 applications, to 953,643 at the end of fiscal year 2011.” Therefore the report stated, “Despite its recent increases in hiring, the agency has acknowledged that it cannot hire its way out of the backlog and is now focused on slowing the growth of the backlog instead of reducing it.”
The Software and Information Industry Association (SIIA) filed an amici curiae brief asking U.S. Supreme Court to hear a case where State sovereign immunity for patent infringement is at issue. The issue is whether a State waives its Eleventh Amendment immunity in patent infringement actions by regularly and voluntarily nvoking federal jurisdiction to enforce its own patent rights. The SIIA asserts that it is equitable for States to have immunity from damages for patent infringement while they are free to sue private sector organizations for violations of State held intellectual property rights. The SIIA joined the U.S. Camber of Commerce in filing the brief.
A statement in a IBM patent application caught my eye and made me wonder whether the yet-to-be-released-results of the Federal Circuit’s en Banc rehearing of In re Bilski [Patently-O’s coverage] could effect the patentability of the claims in this application. In Bilski the court will consider, among other things, whether a method or process must result in a physical transformation of an article or be tied to a machine to be patent-eligible subject matter under section 101.
The IBM patent application involves a method of reducing waiting-customer dissatisfaction by monitoring a waiting queue, calculating rewards based on the wait, and communicating the reward to the customer. A customer may be waiting on the phone, or at recreational, restaurant or lodging facilities. The IBM application provides, “although the concepts of the …
A patent application, published on January 31, shows Google is continuing to develop for the Chinese market. The application discloses a program for spell checking non-Roman character based languages, such as Chinese, Japanese, and Korean. Although the summary of the invention section provides that the program may cover any non-Roman based language, the dependent claims show the application is focused on the Chinese language.
The program identifies potentially incorrect inputs, identifies alternatives, determines the proximity between the potentially incorrect input and the alternative, and computes probabilities of possible correct “word” based on the proximity measurement and optionally on a context of the possible conversion. Then it determines the most likely conversion from all the possible conversions.
“Fault-Tolerant Romanized Input Method for Non-Roman Characters,” Wu et. al. (U.S. …
Tonight, the first Silicon Prairie Social was held at Mullen’s Bar and Grill in Lisle, Illinois. Similar to the Tech Cocktail events in Chicago, the Silicon Prairie Social was designed to connect “tech professionals, entrepreneurs, service providers, Internet professionals, Web 2.0 and startup companies, the mobile industry, and mobile marketing professionals.” The goals of the event were to:
- Connect local people with others in their industry and build community
- Raise the profile of the Silicon Prairie through the publicity generated around the events.
- Foster investment and economic development in the region by showcasing local businesses, entrepreneurs, and startups.
Here’s a partial list of those I saw, met, or talked with: