UPDATED: EFF to compile chart of bad patents

Posted on 11 Jun 2004 at 12:35

The Electronic Frontier Foundation (EFF) is to set up a bad patent chart - with a view to bringing its patent busting squad to bear on the top 10.

In a kind of perverse Patent Idol contest, the EFF is asking the public to vote on the worst software and internet related patents to build up a chart of bad patents.

EFF staff attorney Jason Schultz, who heads the project, said he can't wait to see what the contest turns up. 'We have seen illegitimate patents asserted on such simple technologies as one-click online shopping, video streaming and paying with credit cards online. When individuals and small businesses are faced with million-dollar legal demands, they have no choice but to capitulate and pay license fees. We aim to change that.'

Invalidity or stupidity alone are not enough to get a patent into the chart though. The patent must be being wielded in a threatening manner by its owner or have been licensed.

Schultz told us that despite the fact the list is chosen by the public, the EFF will choose which patents to focus on, and avoid popular targets being unfairly picked on. 'The top ten will be selected by our legal and technical staff. The contest is for the public to submit candidates for us to choose from. One of the key factors will be whether the patent owner is threatening anyone with the patent. As long as companies such as Microsoft continue to use patents defensively, they won't end up on the 10 ten list.'

Schultz said that there are plenty of places the public can go to get information on software patents. 'I'd suggest places like Slashdot or other development forums. We don't simply want silly patents; we want patents that are actually hurting or restraining the freedom to innovate or communicate. People should only submit patents to the contest if they have read or heard of someone actually suffering because of a patent.'

In particular, the group is interested in cracking down on patents issued for communication standards and protocols that promote freedom of expression.

'Patent owners who claim control over communication tools can threaten anyone who uses them, even for personal or non-commercial purposes,' said Schultz. 'Overreaching patent claims unfairly reduce the tremendous benefits that software and technology bring to freedom of expression.'

However, Schultz pointed out that this isn't some wild emotionally driven anti-software patents exercise. 'While I'm skeptical that patents are truly necessary to promote progress in the software field, they do have some utility. For instance, patents are often a good source for documenting the history of innovation in a field or to help teach others how to perform a particular technique. Again, as long as the patent owners aren't using them to hinder competition or exploit others, I'm not yet ready to banish them completely.'

The contest runs from today until 23 June. 'Winners' will be announced on 30 June. For more information visit the EFF website.

Author: Matt Whipp