The Senate Judiciary Committee is set to consider two bills on Thursday that could effectively overturn Supreme Court rulings against patents on broad software processes and human genes. Open source and Internet freedom advocates are pushing back against the proposed legislation. The Linux Foundation and the Cloud Native Computing Foundation (CNCF) aim to defend open source software against what are commonly known as “patent trolls.
Leaders at CNCF and Unified Patents describe patent trolls as entities that actively pursue any widespread technology, seeking settlements over the cost of trials.
According to Unified Patents, nearly 98 percent of claims by non-practicing entities (NPEs) are settled, but when challenged at the US Patent and Trademark Appeals Board, NPEs lose 67 percent of the time. One of the bills being considered, the PREVAIL Act, could make challenging patent claims more difficult. The Act would limit patent challenge petitions to 14,000 words, hindering attempts to debunk complex patents.
It would also eliminate clearance patents, which companies can use to clear any infringement claims before releasing their own products.
Senate hearings on software patent bills
The Judiciary Committee is set to debate and potentially amend or rewrite the PREVAIL Act and the Patent Eligibility Restoration Act (PERA) on Thursday.
Senator Thom Tillis argues that the bills are necessary for “Biotech, a number of emerging sectors [needing] relief, or we’re just going to stifle innovation.”
Most Judiciary Committee members have not indicated their votes on the bills. The pharmaceutical trade group PhRMA supports the bills, while numerous advocates for lower-cost drugs and biosimilars oppose them. The proposed legislation has the potential to significantly impact the way patents are handled in the United States, with some arguing that it could favor patent trolls.
These entities hold large numbers of often vague and overly broad patents and have a history of targeting software developers and small companies with frivolous lawsuits. Advocacy groups continue to push against these measures and encourage the public to stay informed and vocal on this critical issue. They urge the U.S. Senate to reject any new legislation that broadens the avenues for exploitative patent practices to expand and flourish.
Noah Nguyen is a multi-talented developer who brings a unique perspective to his craft. Initially a creative writing professor, he turned to Dev work for the ability to work remotely. He now lives in Seattle, spending time hiking and drinking craft beer with his fiancee.
