Acacia made the Washington Post

They are getting media attention now and that is good for us.

Patenting Air or Protecting Property?

Universities, corporations and tens of thousands of Web site providers across the country probably never imagined they would be rooting for the pornography industry.

But millions of their dollars could be riding on a court fight between a coalition of Internet video-porn providers and a small California research firm, which early this year began enforcing the eye-opening claim that it owns the patents on how most audio and video is sent over the Internet.

Acacia Research Corp. started by targeting dozens of adult entertainment companies, demanding royalties of as much as 4 percent of their revenues from audio and video streaming. Now the firm is seeking fees from universities that use Web video for remote learning, from companies that serve up movies to hotel rooms, from cable and satellite providers, and from major streaming-media companies such as RealNetworks Inc. and America Online Inc.

"It's pretty much the sky's the limit as to where the impact might fall," said a chagrined John H. Payne, director of educational technologies at the University of Virginia's division of continuing education, which uses online video for lectures and courses. "It's like patenting air."

The Acacia case highlights why a growing chorus of corporate and government officials is warning that the U.S. patent system is broken, threatening to stunt technological innovation.

They argue that an overwhelmed U.S. Patent and Trademark Office is simply approving too many dubious and overly broad patents, especially in the software and Internet realms.

The potential result: a digital world carved up into so many pieces that it loses its power to easily link people, communities and ideas.

The country "needs to revamp not just the patent system, but the entire system of intellectual property law," said Andrew S. Grove, chairman of Intel Corp. "It needs to redefine it for an era that is the information age as compared to the industrial age."

Critics hope that the impending departure of patent office Director James E. Rogan, whose resignation for personal reasons was announced Tuesday, might lead to consideration of a new approach.

Overall, the number of patents has nearly doubled since 1990, fueled in large measure by the high-tech boom. The patent office now has a backlog of 450,000 applications pending for all types of inventions; software and Internet-related patents account for more than 15 percent of all patents granted.

In recent months, several of those patents have spawned court disputes, involving such high-profile technology as Microsoft Corp.'s Internet browser, the BlackBerry e-mail device, and eBay Inc.'s online shopping system.

Good news I think.