The Linux Foundation asks the community to unite in the defense of open source software patents
A few days ago the Linux Foundation made a publication in his blog in which he makes a call to the community to unite in defense of patents of open source against patent trolls.
This call by the Linux Foundation is because the USPTO (United States Patent and Trademark Office) has published a series of rules which basically would be greatly helping the patent trolls, which in turn translates to increased patent litigation expenses and will increase the volume of patent litigation in general.
Esto puts developers and large free software projects in big trouble, since many of you will remember in such a notorious case that we share here in the blog about the case of the direct lawsuit against the Gnome Foundation in 2019.
In the Linux Foundation blog post, share:
It can help support the open source ecosystem, reduce unnecessary “Non-Practicing Entities” (NPE) litigation, and put an end to bad patent assertions. All it takes is a few minutes of your time. The volume of feedback is significant – please share this with your friends and colleagues who want to protect open source software from patent attacks.
In their publication the Linux Foundation, rejects the proposed new set of rules, almost all of which will make it harder to challenge bad patents used against open source, including the Unified Patent Open Source Zone (which LF sponsors). Many of the proposed rules appear to be outside the authority of the USPTO and contradict laws established by Congress.
Basically, it is mentioned that These proposals grant a privileged place to Entities without activity (or NPE, or "patent trolls"). The proposals weaken the Patent Appeal and Trial Board (“PTAB”), seek to prevent anyone (such as Unified Patents) from challenging particularly bad and invalid patents, and will increase litigation costs for all defendants.
Patents that escaped the system and should never have been granted will be claimed against US and global companies, especially small and medium-sized companies. Studies show that even a fraction of these proposals would cost hundreds of millions of dollars.
It is because of that the Linux Foundation asks for community support, Since the USPTO has asked for the opinion on these rules, for which it strongly requests that those who wish to support send that they want "a fair and inclusive system in which anyone can request the review of an invalid patent." That's what Congress has decided, and the agency shouldn't try to overturn it.
You can take action by clicking here on the Federal Register and submitting a written comment. A template document (.txt, for individuals and corporate lawyers) has also been made available that you can fill out and attach for more formal feedback from your organization.
It is important to mention that all comments must be submitted no later than June 20, 2023 at 11:59 pm EDT. It is critical that the USPTO listen to stakeholders as the volume of feedback is significant.
“These proposals weigh heavily in the balance in favor of Non-Acting Entities (NPEs), weaken the Patent Trial and Appeal Board (PTAB), and seek to prevent organizations like Unified Patents from challenging particularly bad and invalid patents, which will increase costs. litigation. costs for all defendants. "Jonathan Stroud, General Counsel, Unified Patents
“Patents that have escaped the system and should never have been granted will be claimed against American companies, especially small and medium-sized ones. Even a fraction of these proposals would cost hundreds of millions of dollars. This scenario constitutes an unacceptable and undemocratic obstacle to innovation and growth. "Kevin Jakel, Executive Director, Unified Patents
Finally, for those who want more information about the new rules, you can consult the letter from Unified Patents to the Committee on Oversight and Reform of the House of Representatives In the following link.
As for the those who wish to support by sending their comments, they can do it from the following link.
Source: https://www.linuxfoundation.org/