What are the contents of the "Defend Innovation" seven items proposed to prevent patents from hampering software innovation?

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"Now, the patent system is entering a turning pointSo, I am concerned about the future of software developmentElectronic Frontier FoundationIt started up to make a new system to protect rather than hinder technical innovation.

Defend Innovation
https://defendinnovation.org/


EFF Patent Project Gets Half-Million-Dollar Boost from Mark Cuban and 'Notch' | Electronic Frontier Foundation
https://www.eff.org/press/releases/eff-patent-project-gets-half-million-dollar-boost-mark-cuban-and-notch


"Defend Innovation" launched by the Electronic Frontier Foundation has proposed the following seven.

◆ 1 Software-related patents should be shorter due date: up to 5 years from application
Currently, patents in the United States are valid for 20 years from application. For example, if you need to make entities such as laboratories and factories, this period has significance, but for software it is sufficient if you have a person who writes code and a computer. Therefore, regarding software, it should be reduced to about five years at the longest after filing a patent.

◆ 2 If the patent is invalid or patent infringement is not found,Patent trollShould pay a lawyer fee
Even if you become a winner or a loser in a patent lawsuit, you will need to pay the fee for the trial and a reward for lawyers. As an illustration, there are cases where millions of dollars are reached. Because there is no way to make up for this cost, there are many companies that move to avoid litigation. This should be revised, and if the patent is invalid or patent infringement is not acknowledged, the cost and rewards of the winner should be compensated by law. If there is a possibility that the patent troll side must compensate for it, the patent troll should not make a trial so easily.

◆ 3 Patent applicants should be asked to provide examples of how software patents actually operate
This is a move to make the process until patent approval more transparent. Since patents describe using ambiguous words by professional lawyers, there are many difficult parts to understand. For that reason, we leave the possibility that the innovator may be infringing the patent and it will also make the patent troll deprive us of the high licensing fee. In the future we should not tolerate ambiguous things, and at the time of patent application, it should be necessary to specifically tell which part of the code is linked to what action.

◆ 4 Should a patent infringer on its own reaches the patent invention, its disadvantage should be invalidated
Patent infringement isGratuitous responsibilityis. In other words, what the patent owner must do is simply to know that the patent infringer infringed on the patent only by saying that "the patent infringer has invented such an invention that infringes the patent", and knowing whether the patent existed , There is no relation. In the present form, if it claims that patent troll "infringed a patent", you can appeal to any opponent. However, if you can prove that a person infringing a patent has reached that patent invention by yourself, you should change it so that you can avoid responsibility. Logically, the inventor who does not know the patent can not copy it so that it can not be copied unless the inventor can understand the patent. Protecting "innocent" patent infringers also leads to protecting its inventors, and can also cut off the long-term source of income for patent trolls.

◆ 5 Patents and licenses (licenses) should be made public immediately. The patent owner should be asked to keep the official document updated to the latest situation
As an improvement on the notification, since the patent owner has not updated the registry at the present time, it is possible that the person potentially infringing the patent is infringing what patent, and the product is released Before you can not ascertain if there is no danger. The patent owner should be constantly asked to keep the information up-to-date, so if you do not do so, you will not be able to enforce payment of the patent fee. Also, with the exception of appropriate trade secrets, if you sign a license on a patent, it should be reported within 6 months after it is valid.

◆ 6 The amount of damages should be limited by law so that the patent owner can not earn millions of dollars despite only a small part of the patent infringement
When the patent owner wins the trial it can win "appropriate patent royalty". However, under the current law, even if the patent covers only a small portion of the defendant's side, the royalty fee may exceed several million dollars. Many "defendants" look for other solutions instead of fighting in trials because of the fear of paying such expensive damages. Regarding this, it should legally be clarified that damages may not be based on the market value, as long as there is no clear patent contribution in the product or procedure on the infringing side.

◆ 7 Congress should hold research and hearings to investigate whether software patents are actually useful for economic activities
There is a disagreement between engineers, lawyers, and policy makers about whether software patents make sense regardless of whether software patents are harmful or harmful to innovative society or the economy. Therefore, Congress should conduct a hearing and open a workshop to discuss the problem.

What the Foundation is worried about is that contention of a trial of patent trolls is a hindrance to sound software development.