Innovation Act of 2013
This bill appears to combine many aspects of several other bills introduced this year for changes to the patent system, including fee shifting ( Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 ), disclosure of the ultimate parent company ( End Anonymous Patents Act ), post grant review for business methods ( S. 866: Patent Quality Improvement Act of 2013), and heightened pleading ( S. 1013: Patent Abuse Reduction Act of 2013).
The bill aims to curb abuses though doesn’t address the specific issues with software patents, the root of the issue. German ( Securing Competition and Innovation Dynamics in the Software Sector – Effectively Limiting the Granting of Patents on Computer Programs ) and New Zealand ( Patent Act Reform to Exclude Software from Patentability ) legislation have accomplished this already.
If more disclosure requirements were included for software patents, the USPTO couldn’t exchange the disclosure for a 20 year monopoly since disclosure would be worldwide, however the monopoly would only be in the United States, thus it would disadvantageous for US software developers. I believe that National Science Foundation grants for software innovation coupled with not granting patents for software inventions, would be a successful approach for innovation in the software sector. And to require software projects to publish source code when funded by such grants.