Open source software under threat from patent trolls
Companies from the open source community are warning that urgent action is needed to stop patent trolls.
Unified Patents, the Electronic Frontier Foundation and the Linux Foundation are coming together to highlight that the U.S. Patent and Trademark Office (USPTO) is considering changes to rules that will embolden patent trolls further, raise litigation budgets, and increase wasteful litigation.
“The latest set of proposed rules from the USPTO will make it more difficult for everyone involved in open source to challenge bad patents,” said Mike Dolan, SVP and GM of Projects at The Linux Foundation.
“It will limit the ability for third parties like Unified Patents with their Open Source Zone to defend open source projects and users from frivolous patent litigation. The only way to stop this is by providing a volume of comments in opposition, that is why we are calling everyone in the open source community to submit their comments and stand up for this important mechanism to clean bad patents out of the system.”
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“The recent advance notice of proposed rulemaking issued by the Director of the US Patent and Trademark Office is an attempt to undermine key provisions and the legislative intent of the America Invents Act,” said Keith Bergelt, the CEO of Open Invention Network
“Specifically, the imposition of a standing requirement would impair the ability of the Unified Patents’ Open Source Zone to reduce the threat to open source software adoption posed by patent assertion entities. As one of the founders and funders of this initiative, OIN’s patent no fly zone around Linux and adjacent OSS technology would be irreparably weakened,” he said.
Last week the USPTO announced a request for comments (RFC) on the Motion to Amend (MTA) Pilot Program that aims to simplify the rules around the Patent Trial and Appeal Board. These changes would make it easier for patent trolls to tie up open source developers in court.
The USPTO is specifically seeking public input on whether the MTA Pilot Program procedures should be made permanent, and if so, whether any modifications would be beneficial. It is also inviting input on the practical effects of the MTA burden-allocation rules, and whether modifications to the rules or additional guidance on implementing the rules, would be beneficial and on whether the PTAB should have broader authority.
“The MTA is critical to our mission at the USPTO,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO Kathi Vidal. “Input is essential and helps us to improve the MTA Pilot Program—we’re looking forward to reading your comments and suggestions.”
The USPTO is accepting comments through Friday, July 21, 2023 via the Federal eRulemaking Portal.
A webinar is being hosted by the Linux Foundation on Wednesday, June 7 from 10:30 – 11:30 AM PDT: REGISTER
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