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March 11, 2010


I commend Senator Landrieu for at least asking the highly relevant "$64k" question that no one pushing for modified S.515 has appropriately answered: how does even modified S.515 benefit American small business, and especially American small business innovation? That question is particularly germane as even modified S.515 will create a significant upheavel in how patentability is determined in the U.S. as many of the provisions, including the "grace period" provision, are written with sloppy and ambiguous wording. Until this "$64k" question is addressed to my satisfaction, there's no way I'll support modified S.515.

I would like to hear the "$64k" question: "how would making business methods and anything remotely considered a software patent unpatentable by decree affect small businesses?" being asked.

I would love to hear it.

Isn't that question continuously asked over at techdirt?

The Great Senator from Lousiana: "[s]mall businesses represent 99.7 percent of all employers, employing 1/2 of the U.S. labor force,"

What percentage of small businesses file patents?

What percentage of small businesses are threatened or sued by larger businesses for patent infringement?

Maybe I'm missing something, but I see the first-to-file as an advantage for small businesses.

During litigation, it is difficult to argue with the file date on two different applications. The date is the date, even when you include priority it is relatively simple. First-to-file seems to benefit whoever has the better lawyers and who has better processes to document reduction to practice. A large company will have more and possibly better lawyers, better documentation processes, etc.

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