CCIA Urges Supreme Court to Put a Stop to Obvious Patents

File Under: 2006, News - Unlinked

Aug 22, 2006

FOR IMMEDIATE RELEASE

The Computer & Communications Industry Association today urged the Supreme Court of the United States to restore the standard of what is patentable under U.S. patent law. That "nonobviousness" standard, the brief argues, has been inappropriately lowered by decisions of the specialized patent court, the United States Court of Appeals for the Federal Circuit.

"For over a year, we have called for the Court to hear this case and put a stop to junk patents," said CCIA President and CEO Ed Black. "Our industries are pleased that the Supreme Court is reviewing the standard of patentability and we hope that it will reaffirm that the patent system’s purpose is to promote innovation, not patents."

In its "friend-of-the-court" brief, CCIA argued that large numbers of obvious patents have plagued the information and communications technology industry. It states that this is largely a result of the Federal Circuit’s permissive rule, which places the burden of proving an innovation obvious o n the overloaded U.S. patent office by requiring explicit documentation of why somebody would combine different elements. Ironically, this requirement means that patents are allowed for combinations that are too obvious to document.

"The eviscerated nonobviousness standard has produced a torrent of low-value patents, a widespread perception of declining patent quality, and a rise in strategic behavior. The result is uncertainty, high costs, and a landscape cluttered with vast numbers of questionable and trivial patents," the brief said. It argued that the Federal Circuit’s standard put "at risk all but the most unadventurous and timid innovators."

By making patents so easy to get, the brief explains, the Federal Circuit created the conditions for the crisis in patent quality, which magnifies other problems in the system, creating opportunities for "trolls," and undermining confidence in patents and the patent system.

"The Federal Circuit seems to operate under the assumption that trivial patents are harmless," said CCIA Fellow Brian Kahin, who led the drafting of the brief, "but the world is bursting with trivial innovations, especially in information technology, and normally nobody pays attention to them. o nce you start giving out rights to block the routine work of everybody anywhere, which is what trivial patents do, you have a recipe for gridlock, surprise, and extortion."

To view the filing click here.

Contact: Will Rodger, 202-783-0070 ext. 105