“A Line in the Sand on the Calls for New Patent Legislation,” by Wayne Sobon

Adam Mossoff —  24 June 2013

Over at the blog for the Center for the Protection for Intellectual Property, Wayne Sobon, the Vice President and General Counsel of Inventergy, has posted an important essay that criticizes the slew of congressional bills that have been proposed in Congress in recent months. 

In A Line in the Sand on the Calls for New Patent Legislation, Mr. Sobon responds to the heavy-handed rhetoric and emotionalism that dominates the debate today over patent licensing and litigation. He calls for a return to the real first principles of the patent system in discussions about patent licensing, as well as for more measured thinking and analysis about the costs of uncertainty created by never-ending systemic changes from legislation produced by heavy lobbying by interested parties.  Here’s a small taste:

One genius of our patent system has been an implicit recognition that since its underlying subject matter, innovation, remains by definition in constant flux, the scaffolding of our system and the ability of all stakeholders to make reasonably consistent, prudent and socially efficient choices, should remain as stable as possible.  But now these latest moves, demanding yet further significant changes to our patent laws, threaten that stability.  And it is in fact systemic instability, from whatever source, that allows the very parasitic behaviors we have termed “troll”-like, to flourish.

It is silly and blindly ahistoric to lump anyone who seeks to license or enforce a patent right, but who does not themselves make a corresponding product, as a “troll.” 

Read the whole thing here. Mr. Sobon’s essay reflects similar concerns expressed by Commissioner Joshua Wright this past April on the Federal Trade Commission’s investigation of what the FTC identifies as “patent assertion entities.”