How to stay safe with patents
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By LIZ BAIRD, AP Patent attorneys and law firms are stepping up their defense of their patent portfolios in an effort to stop some of the more aggressive tactics of patent trolls.
As the U.S. Patent and Trademark Office tries to contain patent trolls and other abusive patent suits, the legal community is taking action, including filing an amicus brief with the Supreme Court.
The brief, which was filed Tuesday, is one of the first of its kind on the issue.
It seeks to give states the ability to negotiate a comprehensive system for the licensing of patents, which could lead to stronger protections for the public interest, said Robert K. Hausman, president of the Law Offices of Robert Kausman.
The briefs also say the U,S.PTO needs to do more to prevent patent trolls from abusing their power.
“Patent trolls have been abusing their patent portfolio to sue the U.” the brief says.
“We are urging the U.,S.
PTO to work to ensure that states have the ability and resources to negotiate these agreements.”
The brief says states must be allowed to negotiate with patent holders on their patents in order to protect consumers and businesses, and that they must be given flexibility in choosing license terms to ensure fair competition.
It adds that the U should also be able to negotiate on a national level if it chooses.
The briefs also argue that patent trolls can use threats of litigation to silence critics, including whistleblowers.
They urge the US. government to use its leverage over the patent office to force companies to address concerns of the public, rather than punish them.
In a statement, the patent offices said the briefs were a response to the public’s demand for better protection for the innovation that is protected by our patents.
It said the filing was a necessary first step to build a more transparent and effective system of patent licensing, which would ultimately result in a more robust patent system that protects the public from patent trolls, the brief said.
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By LIZ BAIRD, AP Patent attorneys and law firms are stepping up their defense of their patent portfolios in an…