PUBPAT News: PUBPAT Request to Reexamine Patriot Scientific Microprocessor Patent Granted by U.S. Patent Office

Date:  Tue, 2007-04-10

Dr. David E. Martin April 10, 2007

PUBPAT REQUEST TO REEXAMINE PATRIOT SCIENTIFIC MICROPROCESSOR PATENT GRANTED BY U.S. PATENT OFFICE: Government Agency Determines ‘Substantial Questions’ Exist Regarding Patent Licensing Company’s Widely Asserted Patent

New York, NY — April 10, 2007 — The U.S. Patent & Trademark Office has granted the Public Patent Foundation’s (“PUBPAT”) formal request to review a patent held by Patriot Scientific Corp. (OB: PTSC) that the company, which boasts of “primarily focusing on deriving revenue from licensing patents”, is widely asserting against producers of computer microprocessors. In its February filing, PUBPAT had submitted prior art that the Patent Office was not aware of when reviewing the application that led to the issuance of the patent (U.S. Patent No. 5,809,336) and described in detail how the prior art invalidates the patent. In response, the Patent Office has now found that PUBPAT’s filing indeed raised “substantial questions” regarding the validity of the Patriot Scientific patent.

Despite no longer making any product or service itself, Patriot Scientific is asserting the patent against those that produce or distribute microprocessors, either alone or with a computer. Patriot Scientific’s assertion of the patent has included the filing of infringement lawsuits and the sending of over 150 letters threatening litigation. PUBPAT challenged the patent because Patriot Scientific’s aggressive assertion of it is causing substantial public harm by threatening to levy additional costs on the production of microprocessors, which could make every computer Americans buy more expensive. Having now granted PUBPAT’s request to review the patent, the Patent Office will turn to decide whether the patent deserves to exist or not.

“We are very pleased that the Patent Office has agreed with us that there are indeed significant questions regarding with the validity of the Patriot Scientific patent,” said Dan Ravicher, PUBPAT’s Executive Director. “This is the first strong step towards ending the harm being caused to the public by the company that is little more than a corporate front for contingency fee patent attorneys to sue and threaten productive members of society.”

Copies of the U.S. Patent Office’s Order Granting PUBPAT’s Request for Reexamination of the patent Patriot Scientific is widely asserting against microprocessors can be found at http://www.pubpat.org/patriotscientific.htm.