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Difference between revisions of "Saving High-Tech Innovators from Egregious Legal Disputes Act"

(External links: * [https://www.eff.org/sites/default/files/SHIELD_ACT_0.pdf The proposal text (4 pages)])
(And for "computer": <blockquote> (1) COMPUTER.—The term ‘computer’ means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic,)
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In the [[USA]], '''Saving High-Tech Innovators from Egregious Legal Disputes Act''' ('''SHIELD''') is a legislative proposal to make patent litigants pay the legal fees of their victims if the judge decides that the litigation was clearly without merit.
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In the [[USA]], '''Saving High-Tech Innovators from Egregious Legal Disputes Act''' ('''SHIELD''') is a legislative proposal to make [[software patent]] and computer hardware patent litigants pay the legal fees of their victims if the judge decides that the litigation was clearly without merit.
  
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The proposal talks about [[patent trolls]] but nothing in the proposal limits it to trolls, or even the narrower category "non-practicing entities".  Trolls are however the most common filers of frivolous law suits.
  
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== Defining software patents ==
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Interestingly, the proposal gives a definition of software patents:
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<blockquote>
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(3) SOFTWARE PATENT.—The term ‘software patent’ means a patent that covers—<br />
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&nbsp; &nbsp; (A) any process that could be implemented in a computer regardless of whether a computer is specifically mentioned in the patent; or<br />
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&nbsp; &nbsp; (B) any computer system that is programmed to perform a process described in subparagraph (A).
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</blockquote>
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And for "computer":
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<blockquote>
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(1) COMPUTER.—The term ‘computer’ means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes—
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&nbsp; &nbsp; (A) any data storage facility or communications facility directly related to or operating in conjunction with such device; and
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&nbsp; &nbsp; (B) any processor or peripheral, such as a monitor or input device, directly related to or operating in conjunction with such device.
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</blockquote>
  
 
== Related pages on {{SITENAME}} ==
 
== Related pages on {{SITENAME}} ==

Revision as of 19:28, 6 August 2012

In the USA, Saving High-Tech Innovators from Egregious Legal Disputes Act (SHIELD) is a legislative proposal to make software patent and computer hardware patent litigants pay the legal fees of their victims if the judge decides that the litigation was clearly without merit.

The proposal talks about patent trolls but nothing in the proposal limits it to trolls, or even the narrower category "non-practicing entities". Trolls are however the most common filers of frivolous law suits.

Defining software patents

Interestingly, the proposal gives a definition of software patents:

(3) SOFTWARE PATENT.—The term ‘software patent’ means a patent that covers—
    (A) any process that could be implemented in a computer regardless of whether a computer is specifically mentioned in the patent; or
    (B) any computer system that is programmed to perform a process described in subparagraph (A).

And for "computer":

(1) COMPUTER.—The term ‘computer’ means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes—     (A) any data storage facility or communications facility directly related to or operating in conjunction with such device; and     (B) any processor or peripheral, such as a monitor or input device, directly related to or operating in conjunction with such device.

Related pages on ESP Wiki

External links