Season's Greetings from the EFF

The Electronic Frontier Foundation

From the Internet to the iPod, technologies are transforming our society and empowering us as speakers, citizens, creators, and consumers. When our freedoms in the networked world come under attack, the Electronic Frontier Foundation (EFF) is the first line of defense. EFF broke new ground when it was founded in 1990 — well before the Internet was on most people's radar — and continues to confront cutting-edge issues defending free speech, privacy, innovation, and consumer rights today. From the beginning, EFF has championed the public interest in every critical battle affecting digital rights.

Blending the expertise of lawyers, policy analysts, activists, and technologists, EFF achieves significant victories on behalf of consumers and the general public. EFF fights for freedom primarily in the courts, bringing and defending lawsuits even when that means taking on the US government or large corporations. By mobilizing more than 50,000 concerned citizens through our Action Center, EFF beats back bad legislation. In addition to advising policymakers, EFF educates the press and public.

EFF is a donor-funded nonprofit and depends on your support to continue successfully defending your digital rights. Litigation is particularly expensive; because two-thirds of our budget comes from individual donors, every contribution is critical to helping EFF fight —and win—more cases.

Innovation

New ideas challenge the status quo. That's why people who make cool tools get so much heat from the old guard -- and their lawyers. The Electronic Frontier Foundation (EFF) thinks that innovation is inextricably tied to freedom of speech, and innovators need to be protected from established businesses that use the law to stifle creativity and kill competition.

Intellectual Property

EFF fights to preserve balance and ensure that the Internet and digital technologies continue to empower you as a consumer, creator, innovator, scholar, and citizen.

In the spirit of the season, the Electronic Frontier Foundation has produced a short video highlighting its important work over the past twelve months. 


Learn more about this video and support EFF!

EFF Report: Patents and the Public Domain

EFF, the Electronic Frontier Foundation, announced on their blog today the release of Patents and the Public Domain: Improving Patent Quality Upon Reexamination a report finding that there are at least three ways to work toward improving patent quality, including through reexamination:Download a PDF version of this whitepaper

1. Encourage Organized Efforts to Have a More Thorough Review of Patent Applications

* Increase third party efforts to improve prior art searches and to facilitate a stronger understanding of the world of prior art.

2. Support Organized Efforts After Patents Have Been Issued

* Reexaminations should be limitless in time and with no financial harm limitations (in many countries, public interest organizations like EFF are only allowed to challenge issued patents for a short period of time after they have issued, even though often a patent’s threat to innovations may not be immediately obvious).

* Don't Streamline. Maintain a variety of options for reexamination requesters.

3. Increase Access to Information in the Patent Office

* Update information in the patent office’s online databases regularly.

* Conduct and publish regular evaluations of effectiveness and performance within the Patent Office.
In addition to providing an organized effort through the Patent Busting Project in furtherance of the second goal, EFF is working in conjunction with Mozilla, Yahoo, and the Internet Archive to create a database that will work to achieve the first goal. This Prior Art project is still under development.

The wiki page set up for this contains the project plan for a software prior art initiative under consideration and welcomes constructive input. At the bottom of that wiki page, they point to four related projects:

  1. Software Patent Institute
  2. Open Source as Prior Art
  3. Patent Commons
  4. Peer to Patent Project
The Software Patent Institute Database of Software Technologies is contained exclusively in the IP.com Prior Art Database. While limited searching can be performed for free as a "guest", robust and unrestricted searching along with all-inclusive document downloads is available in weekly, monthly, and yearly intervals. Get started searching SPI data today - click here for more information.

Patent Busting Project

"Every year numerous illegitimate patent applications make their way through the United States patent examination process without adequate review," says the Electronic Frontier Foundation, a.k.a. EFF, which has announced "an initiative to protect innovation and free expression."

The Project

So how do we confront these problems? Both the Federal Trade Commission and National Academy of Sciences have issued a series of recommendations for reforming the patent system, each of which provide a useful start. However, there is no guarantee that these reforms will be adopted or that they will be considered on any specific timeline. To help fill this gap, EFF is launching a Patent Busting Project to take on illegitimate patents that suppress non-commercial and small business innovation or limit free expression online. The Project has two components:

A. Documenting the Damage

In the coming months, EFF plans to launch various technical efforts to document the harm that these patents are causing to the public interest. The efforts will include:

(1) Identifying the worst offending patents;
(2) Documenting the prior art that shows their invalidity; and
(3) Chronicling the negative impact they have had on online publishers and innovators.

EFF plans to explore numerous approaches to achieving these goals, including inviting contributions from the public; building on the successful information-gathering and public education of the Chilling Effects Clearinghouse; and collaborating with organizations such as the Internet Archive, the Public Patent Foundation, and various technology law school clinics around the country.

B. Challenging The Patents

Once it has identified some of the worst offenders, EFF will begin filing challenges to each in the form of a ?re-examination request? to the U.S. Patent and Trademark Office. These requests create a forum to affirmatively invalidate patents rather than forcing technology users to await the threat of suit. Under this procedure, EFF can choose particularly egregious patents, submit the prior art it has collected, and argue that the patent should be revoked. EFF will collaborate with members of the software and Internet communities as well as legal clinics and pro bono cooperating attorneys to help in these efforts.
Who ya gonna call? Jason Schultz, Staff Attorney and "chief patent buster" at the Electronic Frontier Foundation.

In the alternative, you might want to contact Patent Hawk at the Patent Prospector.

The Electronic Frontier Foundation supports the Patent Reform Act of 2007, but the group does worry that the law in its present state could reform the EFF's Patent Busting Project right out of existence, according to this report from the news desk of ars technica.