The creation and creativeness enrich our life.
They are really unique.
In the real world, money governs everything.
Lawyers normally make a lot of money (comparing to inventors).
Smart/Innovative people have no reason to be an inventor, but a lawyer.
WASHINGTON (AP) -- Some of the biggest players in the
technology industry complain that the U.S. patent system is broken --
putting too many patents of dubious merit in the hands of people who
can use them to drag companies and other inventors to court.

An experimental program aims to give the public, including inventors, more of a voice in the patent system.
And Blaise Mouttet, a small inventor in Alexandria, Virginia, thinks he
knows why. The problem, he said, is that "there are too many lawyers
and not enough inventors involved with the patent system."
So
Mouttet is taking part in an experimental program launched in June 2007
with the U.S. Patent and Trademark Office and backed by the technology
industry that is intended to give the public -- including inventors --
more of a voice in the system.
The concept behind the program,
called Peer-to-Patent, is straightforward: Publish patent applications
on the Web for all to see and let anyone with relevant expertise --
academics, colleagues, even potential rivals -- offer input to be
passed along to the Patent Office.
By using the power of the
Internet to tap the wisdom of the masses, Peer-to-Patent aims to dig up
hard-to-find "prior art" -- evidence that an invention already exists
or is obvious and therefore doesn't deserve a patent.
The goal is to locate prior art that Patent Office
examiners might not find on their own -- and to produce better patents
by reducing ones granted on applications that aren't novel. The hope is
that this will drive innovation by improving the patent process and
reducing the patent infringement lawsuits clogging the courts.
"The Patent and Trademark Office is the agency of citizen creativity,
and it needs more and better information to do its job of awarding
patents to those citizens who are truly the most creative," said New
York Law School professor Beth Noveck, who came up with the idea for
Peer-to-Patent while teaching a patent law class. "A patent is a pretty
significant monopoly, so we want to make sure we are giving it to the
right people."
Peer-to-Patent has attracted financial support
from a cross-section of the technology sector and foundations and is in
its second pilot year. In the first year, the voluntary program focused
on software, computer and information security patents -- drawing
applications from industry heavyweights such as International Business
Machines Corp., Hewlett-Packard Co., Microsoft Corp., General Electric
Co. and open source software pioneer Red Hat Inc., as well as small
inventors like Mouttet.
Mouttet, a former Patent Office examiner
and now a graduate student in electrical engineering, submitted an
application on electronic uses of nanomaterials. Although the Patent
Office has rejected his claim -- in part because of prior art unearthed
through Peer-to-Patent -- he is appealing the decision and optimistic
he will eventually get his patent. And he is confident it will be
stronger for having gone through the process.
But it is the big technology companies that have the highest hopes for Peer-to-Patent since they are some of the most vocal critics of the existing system.
They warn that the Patent Office has been overwhelmed by a sharp
increase in patent applications in recent years, particularly in
computing. The agency has more than 5,800 examiners with specialized
expertise in a range of areas, but they are sifting through a mountain
of applications: 467,243 were submitted in fiscal 2007, up from 237,045
in fiscal 1997 and 137,173 in fiscal 1987.
As a result, said
Dave Kappos, vice president of intellectual property law for IBM, it is
taking big technology companies with huge patent portfolios longer and
longer to get applications through the system. The Patent Office had a
backlog of nearly 761,000 applications at the end of fiscal 2007, with
applicants waiting an average of two years and eight months for a final
decision.
That is tough for an industry built on rapid
innovation, short product life cycles and technology that can become
quickly outdated, Noveck said. Indeed, a key benefit of participating
in the Peer-to-Patent program is the promise of an expedited review,
with a preliminary Patent Office decision in as few as seven months.
Backlog is only part of the problem, however. Poor patent quality is just as big a concern.
There are plenty of examples of controversial patents in different industries, such as the one awarded to Amazon.com Inc.
for its "1-click" online shopping feature or the one granted to J.M.
Smucker Co. for a crustless peanut-butter-and-jelly sandwich.
But some of the most contentious patents have come out of the tech
sector since software and other-cutting edge technologies are
relatively new to the Patent Office and evolving quickly, explained
Mark Webbink, director of New York Law School's Center for Patent
Innovations, home to Peer-to-Patent, and former general counsel for Red
Hat. That means that patent examiners don't have long-established
databases of existing inventions to consult in reviewing these
applications.
"With technology, the prior art often can't be
found in existing patents or academic journal articles," Noveck said.
"It could exist in a string of computer code posted online somewhere
that isn't indexed."
The result of substandard patents, tech
companies say, has been a sharp increase in costly infringement
lawsuits that eat up valuable resources and threaten to keep innovative
products off the market. According to James Bessen and Michael J.
Meurer of Boston University School of Law, 2,830 patent lawsuits were
filed in U.S. district courts in 2006, up from 1,840 in 1996 and 1,129
in 1986.
Technology companies are particularly vulnerable to
infringement litigation since their products can contain hundreds if
not thousands of linked patented components critical to their basic
operation. In one closely watched case, a protracted legal battle
nearly forced the shutdown of the popular BlackBerry wireless e-mail
service.
The BlackBerry has in fact become a rallying cry for
technology lobbyists pressing Congress to overhaul the patent system.
Among other things, the industry wants to streamline the patent
approval process and limit damages and injunctions awarded to patent
holders who win infringement cases. But with those proposals stalled in
the Senate, Peer-to-Patent offers another way to improve the system,
said Curtis Rose, director of patents for Hewlett-Packard.
Not
everyone is sold on the concept of Peer-to-Patent. Stephen Key, an
inventor in California who has patented everything from toys to
container labels, worries that the program requires applicants to put
their ideas out there on the Web for anyone to see -- and potentially
steal.
Boston University's Meurer also questions how effective
Peer-to-Patent will be since he believes the real factor driving the
increase in patent litigation is not a lack of prior art, but rather
the vague, overly broad scope of too many patent claims today.
"Applicants come in and ask for the sun, moon and stars and they say:
`Let the Patent Office tell me what is and isn't patentable,"' said
John Doll, U.S. Commissioner for Patents. "It's a burden on the system."
Indeed, said Stanford Law School professor Mark Lemley, the challenge
facing the Patent Office is to find a balance between awarding patents
in order to encourage innovation without making it too easy to obtain a
patent that can be used to abuse the system.
Noveck believes
Peer-to-Patent will help strike that balance. The Patent Office reports
that it has issued preliminary decisions on 40 of the 74 applications
that have come through the program so far. Of those, six cited prior
art submitted only through Peer-to-Patent, while another eight cited
art found by both the examiner and peer reviewers.
The question
now is whether the program can be scaled to review hundreds or even
thousands of applications that extend far beyond the technology arena.
So in its second year, Peer-to-Patent is being expanded to include
claims covering electronic commerce and so-called "business methods," a
controversial category of patents vital to the financial services
sector.
Goldman Sachs Group Inc., for one, is submitting a
number of applications, including one for an equities trading platform
used to raise capital without a public offering. John Squires,
Goldman's chief intellectual property counsel, has high hopes for the
program.
"This is a way to harness the wisdom
of the crowds," Squires said. "Why should the Patent Office have to
operate without the benefit of all the information on the horizon?