Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203 #00021

Submission Number:
00021
Commenter:
Steve Madsen
Organization:
Light Year Software, LLC
State:
Ohio
Initiative Name:
Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203
Matter Number:

P131203

I am absolutely in favor of examining the behavior of PAEs, although this is only a baby step in the right direction. There is no question that the uncertainty of attracting the attention of one of these companies has stopped my company and our customers from pursuing certain business opportunities. Small companies and startups cannot afford to litigate with a PAE and I'm loathe to settle and further encourage their business practices. The fundamental problem, however, is not so much with this business practice. It exists because the U.S. Patent and Trademark Office is not properly doing its job. One example is the patent LodSys holds for commerce performed through a mobile application. This is an obvious extension of online shopping, which itself is an obvious extension of traditional retail. None of these activities are innovative and do not deserve patent protection. While it would be helpful to curtail the PAEs, ultimately reform must occur at the USPTO.