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Computer industry

Patent Office Under Fire for Software Patent Quality

Strategic Insights

— 1 min read

Critics such as Gregory Aharonian, a software patent consultant in Belmont, Mass., claim that the Patent Office's resources are inadequate to handle the surge in software patent applications, with some patents being granted that cover fundamental techniques in the field long in use. The Office recently rescinded a patent granted to Compton's New Media, but experts like Aharonian say there are many worse patents out there. Meanwhile, the Patent Office faces challenges in reviewing software patent applications, with some critics citing the agency's limited ability to verify prior art.

Key Takeaways:

  • The Patent Office has been criticized for its handling of software patent applications, with some experts claiming that the agency's resources are inadequate to handle the surge in applications.
  • Gregory Aharonian, a software patent consultant, has identified several "worst software patents of the decade," including a patent granted to I.B.M. that covers a type of promotional software that has been common in the industry since the 1980s.
  • Aharonian claims that neither I.B.M. nor Hewlett-Packard submitted prior art as part of their applications for these patents.
  • The Patent Office recently rescinded a patent granted to Compton's New Media, but experts claim that this is just a small step towards addressing the larger issue.
  • Michael K. Kirk, second in command at the Patent and Trademark Office, is resigning to become executive director of the American Intellectual Property Law Association.
  • Kirk's departure has sparked a leadership change at the Patent Office, with Lawrence J. Goffney Jr. being tipped as his replacement.

Statistics:

  • Last year, about 4,500 software patents were issued.
  • In the late 1980s, only 500-600 software patents were issued per year.
  • This year, it looks like 5,500 software patents will be issued, given the rate of patents issued in the first two months.
  • I.B.M. has approximately 30,000 patents worldwide.

Sources:

  • Gregory Aharonian, patent consultant
  • "The New York Times", February 1995 (exact date not provided)
  • Patent and Trademark Office
  • American Intellectual Property Law Association
  • I.B.M. spokesperson Jeff Cross
  • "The New York Times", February 1995 (exact date not provided)

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