Patents
While patent rights were designed to promote investment, public disclosure, and most importantly, useful innovation, the patent system is often abused. In the past decade, the U.S. Patent and Trademark Office (PTO) has been inundated with applications for so-called "inventions" that are neither innovative nor useful. When bogus patent applications are granted, they actually discourage progress and impede the growth of a public domain of knowledge.
There are many ways to promote better patent quality and a vibrant knowledge commons. One approach is to advocate for good legislation in Congress and proper interpretation of that legislation by the courts. Another is to promote enforcement efforts, such as the reexamination of bogus patents. EFF employs both approaches to protect the public interest while supporting innovation.
You can review EFF writing and legal work on Patents below, or check out the EFF Patent Busting Project, which challenges the top ten most dubious software patents.
Patents Cases
- KSR v. Teleflex
- In re BilskiIn re Bilski is an appellate court case that provides an opportunity to eliminate business method patents and curtail efforts to claim monopolies on basic human skills, behaviors, and interactions.
- Quanta v. LGEFF Files Supreme Court Amicus Brief Supporting Consumers' Right to Use, Repair, and Resell Patented Goods.
- Merck v. Integra
- eBay v. MercExchange
In The News
- TECH DIRT | June 17, 2009 EFF Busts Another Bogus Patent... Five Years Later
- TECH DIRT | March 06, 2009 Company Threatens EFF With Defamation In Response To EFF Trying To Bust Its Patent
- CNET NEWS.COM | January 21, 2009 Patent office rejects subdomain patent claims
Other Resources
- The EFF Patent Busting Project
- The Patent Preventor Project[wiki.mozilla.org]
Whitepapers
Deeplinks Posts
- March 06, 2009 Seer Systems Threatens EFF with Defamation Lawsuit
- February 20, 2009 Patent Office to Reissue Narrowed Version of NeoMedia Patent
- January 21, 2009 U.S. Patent Office Rejects All Twenty Claims of Subdomain Patent
Press Releases
- June 16, 2009 EFF Busts Bogus Internet Subdomain Patent
- January 07, 2009 Patent Office Grants EFF's Request for Reexamination of Patent on Internet Music Files
- October 08, 2008 EFF Challenges Bogus Patent on Internet Music Files


