Washington To Overhaul Patent Laws, Maybe For The Worst

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While the patent system was originally designed to protect inventors and help them profit from their innovations, it’s become a complex legal game for companies as they wage long-running wars against each other over who owns what patent and whose product infringes on what patent. It’s particularly bad in the mobile space, which is something that us at TFTS are experts at. But now, new legislation coming through the US Congress could change the American patent system. But, will it make the mobile patent wars end anytime soon?

The bill going through the US Senate now would reward the patent to the “first to file” as opposed to the “first to invent”. While you may think that whoever invented something first should hold the patent, the system has led to long drawn out legal battles as companies holding the same patent battle each other for who came up with it first. Case in point, Apple recently tried to invalidate some Android-related patents because Android lead developer Andy Rubin worked at Apple some 20 years ago.

This new bill is praised by big companies, who say that the “first to file” system will put down a lot of legal battles between big companies. But, it’ll hurt the small inventors who don’t have the time, wherewithal or money to constantly be sending patent applications to the Patent Office. Also, the bill includes provisions that will give the US Patent and Trademark Office more government funding for patent examiners so they can read and approve patents faster. Currently, it takes about three years to get a patent approved.

The legislation passed the US House back in June. It’s currently being debated in the US Senate, and it’s expected both to pass the Senate and get signed by President Obama without any opposition.

So, the very controversial patent system in the United States will now reward those who are “first to file” for the patent, as opposed to those who are “first to invent”. Is this a mistake, or the right move to make?