Report 2

A report by Malcolm & Kloster states “Although the patent system has changed throughout American history, the basic principles underlying the system have remained the same”: Comment by Technology Services: Note word count this does not include the end of text references. Word Count 586.

1. They authorize the patent holder to pursue a variety of remedies against those who make unauthorized use of the covered invention,

2. The patent holder can sue infringers in federal court to obtain monetary damages or injunctive relief, and

3. The patent holder can also ask the United States International Trade Commission (ITC) to block the importation of infringing articles (Malcolm & Kloster, 2014). Comment by Technology Services: In text citation. Author Names and then the year.

The article The Patent, Used as a Sword describes the current patent situation as the following. “Alongside the impressive technological advances of the last two decades, a pall has descended: the marketplace for new ideas has been corrupted by software patents used as destructive weapons” (Duhigg & Lohr, 2012).

The article also states:

“…many people argue that the nation’s patent rules, intended for a mechanical world, are inadequate in today’s digital marketplace. Unlike patents for new drug formulas, patens on software often effectively grant ownership of concepts, rather than tangible creations…the patent office routinely approves patents that describe vague algorithms or business methods…” (Duhigg & Lohr, 2012).

Robert Budens, a patent examiner for over 22 years states the following. “When I get an application, I basically have two days to research and write a 10- to 20 –page term paper on why I think it should be approved or rejected…I’m not going to pretend like we get it right every time” (Duhigg & Lohr, 2012).

This type of environment has led some Chief Executive Officers as the article Patent, used as a Sword states “His attitude was that if someone at Apple can dream it up, then we should apply for a patent, because even if we never build it, it’s a defensive tool” (Duhigg & Lohr, 2012).

Because of this need to patent everything there are continual patent infringement cases. Mr. Phillips one of the developers of computer voice recognition states in the same article “Start-ups are where progress occurs…If you spend all your time in court, you can’t create much technology” (Duhigg & Lohr, 2012).

There are a number of perceived issues with the patent application system in the United States these articles highlight three of them. According to the article Submarine Patents Alive and Well: Tivo Patents DVR Scheduling:

In February of 2010 Tivo obtained the patent for Data storage management and scheduling system. However,

“The first time the Patent Office substantively reviewed the TiVo patent application was in June of 2004, issuing a non-final rejection on June 28, 2004, which was subsequently mailed on July 7, 2004.  What this means is that for nearly 5 years the TiVo patent application remained dormant at the Patent Office” (Quinn, 2010).

The author indicates that submarine patent can still occur even after previous reforms to the patent system and that more resources should be provided to the patent office so that the backlog of patents could be processed (Quinn, 2010). Comment by Technology Services: Citations need to be included not only for direct quotes but even when you paraphrase.

In the article Inventor battling U.S. over patents from '70s: Hyatt is fighting patent officials, accusing them of stalling two applications that he sought more than 40 years ago and are still pending. The patent process can be a long and drawn out process. As stated in the article any time an invention will have a drastic change on society or affect national security. The process takes longer. However, in the case of Mr. Hyatt there seems to be more personal reasons (Ritter, 2014).

References

Duhigg, C., & Lohr, S. (2012, October 7). The Patent, Used as a Sword. The New York Times. Retrieved April 23, 2014, from http://www.nytimes.com/2012/10/08/technology/patent- wars-among-tech-giants-can-stifle-competition.html?pagewanted=all&_r=0 Comment by Technology Services: Correct end of text references. Please provide the correct information. This will vary depending on the sources. Please review the Online Writing Lab (OWL) from Purdue University for assistance.

Malcolm, J., & Kloster, A. (2014, January 9). A Balanced Approach to Patent Reform: Addressing the Patent-Troll Problem Without Stifling Innovation. The Heritage Foundation. Retrieved April 23, 2014, from http://www.heritage.org/research/reports/2014/01/a-balanced-approach-to-patent-reform- addressing-the-patent-troll-problem-without-stifling-innovation

Quinn, G. (2010, February 19). Submarine Patents Alive and Well: Tivo Patents DVR Scheduling - IPWatchdog.com | Patents & Patent Law. IPWatchdogcom Patents Patent Law Submarine Patents Alive and Well Tivo Patents DVR Scheduling Comments. Retrieved April 23, 2014, from http://www.ipwatchdog.com/2010/02/19/submarine- patents-alive-and-well-tivo-patents-dvr-scheduling/id=9168/

Ritter, K. (2014, March 23). Inventor battling U.S. over patents from '70s. USA Today. Retrieved April 23, 2014, from http://www.usatoday.com/story/tech/2014/03/23/inventor-battling- us-over-patents-sought-in-1970s/6792451/