EFF Vows To Fight Questionable Patents

by Glen Shapiro, LawAndTax-News.com, New York

21 April 2004

The Electronic Frontier Foundation (EFF) on Monday announced the launch of a campaign to overturn several patents which it argues are having a "chilling" effect on innovation and on consumers.

Citing as examples patents granted for technologies such as one-click online shopping, the hyperlink, pop-up windows, making online payments with a credit card, and affiliate linking, the EFF pledged to document the harm that such patents are causing to the public interest, and to challenge some of the worst offenders by submitting a re-examination request to the US Patent and Trademark Office.

Explaining the reasoning behind the campaign in a white paper published earlier this week, the EFF announced that:

"Previously, patent holders had only targeted competing companies. These companies have established legal departments and outside counsel and are thus able to defend against illegitimate patent threats. Now some patent holders have begun to set their sights on the new class of technology users – small organizations and individuals who cannot afford to retain lawyers."

"Faced with million-dollar legal demands, they have no choice but to capitulate and pay license fees – fees that often fund more threat letters and lawsuits. And because these patents have become cheaper and easier to obtain, the patentee’s costs can be spread out quickly amongst the many new defendants."

"Our patent system has historically relied on the resources of major corporate players to defeat bad patents; now it leaves these new defendants with few if any options to defend themselves."

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