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Defend Innovation
Defend Innovation is a patent reform project started by Electronic Frontier Foundation (EFF) in June 2012. The project initially proposed seven changes to United States's patent system, including shortening the term for software patents, requirement to provide the running software code along with patent application, and avoidance of liability of an infringer who independently arrives at the patented invention. Results Since June 2012, the project collected information about the patent system from lawyers, software engineers, court cases, and other sources. The information collected was combined with EFF's own expertise and compiled in a whitepaper named ''How to Fix Our Broken Patent System'', which details the issues surrounding the patent system and proposes solutions that can be implemented by the Congress, Patent Office, and also the software companies. The whitepaper is available at the Defend Innovation website. See also * Electronic Frontier Foundation * Patent troll * Sof ...
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Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties. It provides funds for legal defense in court, presents ''amicus curiae'' briefs, defends individuals and new Technology, technologies from what it considers abusive legal threats, works to expose government malfeasance, provides guidance to the government and courts, organizes political action and mass mailings, supports some new technologies which it believes preserve Liberty, personal freedoms and online civil liberties, maintains a database and web sites of related news and information, monitors and challenges potential legislation that it believes would infringe on Liberty, personal liberties and fair use, and solicits a list of what it considers are Patent misuse, abusive patents with intentions to defeat those that it considers are without merit (law), merit. History Foundat ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ...
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Software Patent
A software patent is a patent on a piece of software, such as a computer program, library, user interface, or algorithm. The validity of these patents can be difficult to evaluate, as software is often at once a product of engineering, something typically eligible for patents, and an abstract concept, which is typically not. This gray area, along with the difficulty of patent evaluation for intangible, technical works such as libraries and algorithms, makes software patents a frequent subject of controversy and litigation. Different jurisdictions have radically different policies concerning software patents, including a blanket ban, no restrictions, or attempts to distinguish between purely mathematical constructs and "embodiments" of these constructs. For example, an algorithm itself may be judged unpatentable, but its use in software judged patentable. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usual ...
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Patent Troll
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, etc.) Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities (such as universities and national laboratories), which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent monetization entity (PME), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" dep ...
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Software Patent Debate
The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions. Policy debate on software patents has been active for years. The opponents to software patents have gained more visibility with fewer resources through the years than their pro-patent opponents. Arguments and critiques have been focused mostly on the economic consequences of software patents. One aspect of the debate has focused on the proposed European Union directive on the patentability of computer-implemented inventions, also known as the "CII Directive" or the "Software Patent Directive," which was ultimately rejected by the EU Parliament in July 2005. Arguments for patentability There are several arguments commonly given in defense of software patents or defense of the patentability of computer-implemented inventions. Public disclosure * Through public disclosure, patents encourage the open s ...
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Politics And Technology
Politics and technology encompasses concepts, mechanisms, personalities, efforts, and social movements that include, but are not necessarily limited to, the Internet and other Information technology, information and communication technologies (ICTs). Scholars have begun to explore how internet technologies influence political communication and Participation (decision making), participation, especially in terms of what is known as the public sphere. Smartphone, The smartphone is a transformational communication technology that has features that include talk, text messaging, Internet access, electronic mail, faxing, pictures, video, and a wide variety of Mobile app, applications. Mobile devices are one of the important reasons for the rise of political participation and are now portrayed as a voting agent in the least developed countries. Increased availability of mobile phones, and subsequent access to the public sphere, has enhanced individuals' and groups' ability to bring atte ...
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Intellectual Property Law
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide ...
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