Pear: A Ongoing Challenge in the Fight Against Abusive Patents

Sure! Here’s the translation into American English:

In a context of growing concern about the quality of patents in the United States, the Senate is considering legislation that could reverse significant progress in the fight against so-called “patent trolls.” The bill, known as the Patent Eligibility Restoration Act (PERA), would make it easier to obtain low-quality patents and complicate the process of challenging them.

The PERA proposes to eliminate key court decisions that have succeeded in limiting some of the most serious issues surrounding patents. Among these decisions is the landmark ruling by the Supreme Court in Alice v. CLS Bank, which prohibits the granting of patents on abstract ideas. Although this ruling has not completely eradicated the problems of the patent system or the threat of harassment from trolls, it has led to the invalidation of hundreds of low-quality software patents, promoting innovation and benefiting small businesses.

The decision in the Alice case has resulted in the invalidation of numerous problematic patents, many of which address concepts like online photo contests and internet bingo games. These patents often do not describe concrete inventions but merely apply old ideas to general-purpose computers. However, the PERA could dismantle the legal framework established by this ruling and replace it with vague exceptions that would open the door to an environment where patent trolls and large corporations harass software developers and entrepreneurs.

The combination of this bill with recent restrictions imposed on access to the Patent Trial and Appeal Board (PTAB) could create a favorable climate for trolls and large companies with extensive patent portfolios to pressure independent inventors and small businesses.

In response to this situation, the Electronic Frontier Foundation (EFF) has collaborated with several organizations, including Engine and the Public Interest Patent Law Institute, to send a letter to the Senate Judiciary Committee opposing this legislative proposal, which they consider misguided. These organizations urge the committee to focus on restoring the PTAB as an accessible and efficient resource to ensure patent quality, as Congress initially intended.

Source: MiMub in Spanish

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