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This is another gray area. What is the difference really between a chemical formula and a block of code? Both are the blueprint on how the final product is created. A material is patentable as well as the process in which to create it, I see no real difference with software. "
After some further thought, a counter point would be, books.
The language in which it was written in, is not patented nor is the final product itself (the book) but rather copyrighted.
Yet software is neither a book or a chemical compound.
However I do agree with the fact that the patent system does need to be updated and reformed, as times have changed.
Abstract,
"This is another gray area. What is the difference really between a chemical formula and a block of code? Both are the blueprint on how the final product is created. A material is patentable as well as the process in which to create it, I see no real difference with software."
You are mistaken, it's not grey at all. Copyright inhibits copying, and protects people's works including software from trivial mass copying.
Patents grant ownership of an idea to a single patent holder. In the software field, it is a virtual guarantee that between the millions of developers, some will invent (although "derive" is sometimes more accurate) the same algorithm completely independently. Why should one developer be granted a monopoly for his work at the expense of all other developers? Why don't they deserve to profit from their own work? The patent system prevent us from selling and even using our own work which is considered original in terms of copyright. In all likelihood, the patent holder is probably not even the original inventor.
Code to programmers is like words to writers, why should patents hold us back from expressing our own ideas? How terrible would it be if ideas in literature were patented?
Those who believe in patents on software need to take a serious look at how impractical it is to use the information publicly disclosed in patent applications. They are written by lawyers for lawyers. I've never seen any programmers who were stumped on a coding problem and get help from USPTO patent filings. So where is the public benefit?
Say what you will about patents in other disciplines, but at least for software, they make no sense.




Member since:
2009-10-24
About you.
Uncle Thom meet kettle, kettle meet Uncle Thom.
Some of your "suggestions" aren't bad, though you have some short sightedness to a few.
Allowing variable lengths can/will lead to gray areas, better to have the same amount of time apply to all patents.
I think this is a good idea also. See the response above. So with all patents having the same amount of time, they should all expire without extension when that time expires.
What would be the incentive to fund (wether it is via employment, grants, etc..) a person to research if you could not get a ROI?
Sure Einstein started his work while working as a patent clerk, and Apple started in a garage, but thats not always the case, some of our greatest achievements are from people being funded which allowed them to focus on their research.
I agree with this partially, the wording should probably be a bit clearer. Instead of "accompany" the patent application the prototype should be made available to a patent clerk prior to being awarded. Somethings maybe to large to send to the patent office, but I agree with the working prototype as to just theory.
This is another gray area. What is the difference really between a chemical formula and a block of code? Both are the blueprint on how the final product is created. A material is patentable as well as the process in which to create it, I see no real difference with software.
Gray area again. This can easily be abused, somethings would be clear cut, others not so much. Besides where would be the incentive? If you can have your IP taken from you without compensation. A good example would be the movie "Flash of Genius" the intermittent wind shield wiper, it was the best way to do a wiper and therefore the safest application of one, so should the inventor not be entitled to compensation?