The EFF has pledged to file "re-examination" requests with the United States Patent and Trademark Office (USPTO), asking the agency to revoke patents that are having negative effects on internet innovation and free expression.
Business method patents cause even more controversy than software patents. But the EFF complains that they are granted by the USPTO on the basis that any question over the legality of the patent can be dealt with by the courts – putting the onus and the cost of ensuring that a patent is valid onto competitors of the patent owner.
While the EU provides limited scope for software patents, pure business methods cannot be patented. The pressure on the USPTO to tighten its rules for patentability has been growing, with both the US Federal Trade Commission and the US National Academy of Sciences recommending reform. The EFF has now added its voice to the protests by launching its own so-called Patent Busting Project.
"Patents traditionally only targeted large commercial companies," said EFF Staff Attorney Jason Schultz. "Now bad patents are threatening non-profits, small businesses, and even individuals who use software and internet technology."
The new EFF initiative seeks to document these threats and fight against them by asking the USPTO to re-examine targeted patents. In particular the EFF will be looking to find evidence of prior art – that the feature being patented was already in the public domain prior to the grant – to prove that the patent is invalid.
"More and more, people are using software and internet technology to express themselves," said EFF Staff Attorney Wendy Seltzer. "Patent owners who threaten this expression are creating a chilling effect on free speech."