Patents

While patent rights were designed to promote investment, public disclosure, and most importantly, useful innovation, the patent system is often abused. In the past decade, the U.S. Patent and Trademark Office (PTO) has been inundated with applications for so-called "inventions" that are neither innovative nor useful. When bogus patent applications are granted, they actually discourage progress and impede the growth of a public domain of knowledge.

There are many ways to promote better patent quality and a vibrant knowledge commons. One approach is to advocate for good legislation in Congress and proper interpretation of that legislation by the courts. Another is to promote enforcement efforts, such as the reexamination of bogus patents. EFF employs both approaches to protect the public interest while supporting innovation.

You can review EFF writing and legal work on Patents below, or check out the EFF Patent Busting Project, which challenges the top ten most dubious software patents.

Patents Cases

  • KSR v. Teleflex
  • In re Bilski
    In re Bilski is an appellate court case that provides an opportunity to eliminate business method patents and curtail efforts to claim monopolies on basic human skills, behaviors, and interactions.
  • Quanta v. LG
    EFF Files Supreme Court Amicus Brief Supporting Consumers' Right to Use, Repair, and Resell Patented Goods.
  • Merck v. Integra
  • eBay v. MercExchange

In The News

» All Patents News Articles

Other Resources

Whitepapers

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