Patents were developed to encourage openness in the innovation space and to protect inventors. Unfortunately, startups frequently face abusive patent litigation by “patent trolls” — companies that take advantage of a broken software patent system and operate by collecting fees on software patent licenses, instead of making products and contributing to technological innovation. Meanwhile, new distribution technologies are making it easier for anyone to reach a broad audience, which is why we need balanced copyright laws that allow these new technologies and their creators to succeed.
“Although the CASE Act is designed to provide small copyright holders with a process for addressing online copyright infringement, we are concerned the legislation will instead create potential traps for small startups and further incentivize bad faith copyright infringement claims.”
Earlier this week, Engine representatives participated in the U.S. Copyright Office’s Roundtable discussion on the impact and effectiveness of section 512 of the Digital Millennium Copyright Act (DMCA). The DMCA—and the safe harbor provisions of the bill included in section 512— provide a framework to grant online service providers limited liability protections for copyright infringement stemming from user-generated content.
Engine Executive Director Evan Engstrom responds to the European Parliament’s vote to adopt the Directive on Copyright in the Digital Single Market.
This primer provides an overview of copyright issues and what they mean for startups.
A primer that provides an overview of patent issues and what they mean for startups.
Engine filed an amicus petition to the Supreme Court of the United States on Tuesday, November 13th to urge the court to consider the case. In our brief, we argue that the Federal Circuit’s decision in the case conflicts with the Supreme Court’s ruling on patentable subject matter eligibility.
Last week, United States Patent and Trademark Office Director Andrei Iancu gave a speech to the Eastern District of Texas Bar Association, where he implied that patent trolls were not a real problem faced by innovators, but instead just a “narrative” made up to scare away innovators. Not only is this factually inaccurate, but it is troubling that Director Iancu would ignore the overwhelming data showing that low-quality patents have led to a rash of abusive patent litigation directed towards small companies and entrepreneurs over the past decade.
Earlier this year the USPTO proposed a rule to change the standard, known as BRI, by which patents are evaluated during PTAB reviews. On Wednesday, USPTO announced a final rule that does away with the BRI standard in favor of a more restrictive alternative.