The Supreme Court’s patent ruling yesterday is good for innovation, good for consumers, and good for the economy. Intellectual property of all sorts, from copyrights to patents, has been appropriated to unfair advantage by far too many companies, with the U.S. Patent and Trademark Office complicit to a certain extent. I think sometimes patent examiners give in to the onslaught of patent filings just because it’s easier. Lawyers can be relentless. Now examiners have a weapon that will forestall so many appeals. The Supreme Court has stated that a patent must do more than “ordinary innovation” and yield more than “predictable results”. Sounds straightforward, but prior to this decision all sorts of patents were being granted that constrained innovation. The result has been too much territorial litigation to protect inappropriately granted patents. Now examiners can say no, and have something to back them up, when an application lacks sufficient innovation.

Here’s hoping the Supreme Court takes on more such cases and continues to make enlightened rulings. The real responsibility, though, lies with Congress, who should rework the whole patent system. Given all of the entrenched, well-funded stakeholders who know how to lobby, I’m afraid the chances of that happening are slim.

Posted by Roger Greene
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