Patent Busting Project

Last updated
Patent Busting Project
EFF patent busting logo.png
Commercial?No
Type of projectChallenging illegitimate patents
Owner Electronic Frontier Foundation
EstablishedApril 19, 2004
Website eff.org/issues/patent-busting-project

The Patent Busting Project is an Electronic Frontier Foundation (EFF) initiative challenging patents that the organization claims are illegitimate and suppress innovation or limit online expression. The initiative launched on April 19, 2004 [1] and involves two phases: documenting the damage caused by these patents, and submitting challenges to the United States Patent and Trademark Office (USPTO). [2] [3] [4]

Contents

The EFF's basic assumption is that many such patents are invalid due to prior art which has historically been difficult to document in software and internet fields. (Many patent owners file patents to cover seemingly trivial concepts without any intention of enforcing the patents, but rather to use as part of a larger patent portfolio in their own defense against potential future patent lawsuits.)

Status

The effort began with a "patent busting contest" where the public was encouraged to submit proposals of the worst offenders. Of these, EFF chose the top "10 Most Wanted" list of patents based on patent viability, whether the patent owners intend to enforce these patents, and how much of a threat they are to potential infringers.

By April 29, 2006, EFF had announced formal challenges to two of the listed patents: Test.com's patent on administering online tests, [5] and Clear Channel's patent on recording and distributing CDs of live shows. [6]

On October 23, 2007 The United States Patent and Trademark Office granted the EFF's request for the reexamination of NeoMedia's patent #6,199,048. The Office also granted request for the reexamination of Hoshiko's (Ideaflood) patent #6,687,746 that covers the automation of subdomain registration. [7]

On February 4, 2009, The United States Patent and Trademark Office upheld NeoMedia patent #6,199,048, although with limitations imposed upon the claimed material. [8]

Ten Most-wanted Patents

Fate

EFF lists Acacia Research and Firepond's patents as having been made invalid, Ideaflood and Clear Channel's as "busted", NeoMedia and Seer Systems' have been "narrowed", Acceris, Test.com and Sheldon F. Goldberg's have "Reexam granted". Only Nintendo's patent of the original ten has no status update, but more are listed. Nintendo's patent has since expired in 2022.

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References

  1. "EFF: The Patent Busting Project". 7 May 2004. Archived from the original on 7 May 2004.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  2. "Patent Busting Project". Electronic Frontier Foundation.
  3. Stephen Lawson, “Patent Office to Review VoIP Patent”, PC World, 5 Feb 2010
  4. Eric Bangeman, “Novell signs on to EFF patent busting project”, Ars Tecnica, 24 May 2007
  5. "EFF Challenges Dangerous Patent on Internet Test-Taking". Electronic Frontier Foundation. April 5, 2006.
  6. "Bogus Clear Channel Patent May Be Revoked". Electronic Frontier Foundation. April 3, 2006.
  7. Beschizza, Rob (November 16, 2007). "EFF Smacking Down Stupid Subdomain Patent". Wired.
  8. "Patent Office to Reissue Narrowed Version of NeoMedia Patent". Electronic Frontier Foundation. February 20, 2009.