In most issues of EFFector, we give an overview of all the work we’re doing at EFF. Today, in light of recent developments at the U.S. Patent Office, we’re doing a deep dive into a single issue: recent changes to the patent system, and how it’s in danger of heading backwards.

The patent system is broken. The U.S. Patent Office has been issuing vague, overbroad patents for years, especially relating to software. And now the Patent Office is threatening to open the door to even more low-quality software patents. Please join us in telling them to abandon this misguided plan.

Take Action

There are hundreds of “patent troll” companies that exploit our patent system. Today, patent trolls file the majority of high-tech patent lawsuits, covering commonly-used technology from podcasts to newspapers to virtual reality. These companies and individuals produce no products or services—instead, they simply collect patents, and demand money from those working to innovate.

After years of complaints about frivolous patent claims, both Congress and the courts made small steps in the right direction. In a case called Alice v. CLS Bank, the Supreme Court barred patents that claim abstract ideas simply by adding computer language. Congress passed the America Invents Act, which allows the public to challenge patents at the Patent Office in a process called “inter partes review.”

Reforms Under Fire

Now, both Alice and the IPR process are under attack. The new Director of the U.S. Patent and Trademark Office, Andre Iancu, denies that patent trolls are a problem at all—he called them “monster stories.” The Patent Office has issued new guidance to patent examiners, encouraging them to make an end-run to get around the rules of Alice. This could take us back to the bad old days, opening the floodgates to even more of the overbroad software patents that already plague the system.

At the same time, lobbyists are working to weaken Section 101 of the U.S. patent laws. That’s the section that we rely on to kick many of the worst patents out of the system—without going through jury trials that can cost millions of dollars. Lobbyists for patent trolling companies are on the same side as big corporate patent-holders.

If you care about a patent system that doesn’t trample on and extort small developers and business owners, now is the time to speak up. First, check out our Take Action page, and tell the U.S. Patent Office to stop trying to get around the Alice rules. Also, if you’ve personally been affected by bad patents or patent trolls, and are willing to speak out about it, get in touch with us at EFF. We’ll need your help as this debate moves forward—Congress has to hear from those who want a balanced patent system, not one that works just for licensing companies and giant patent-holders.