Linked by Thom Holwerda on Thu 9th Jun 2011 20:40 UTC
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Member since:
2011-01-28
malxau,
"If a developer resides in a jurisdiction where a patent doesn't apply, they still must consider that a patent may apply in a different jurisdiction if they distribute software there. In theory a developer is expected to examine patents in literally every jurisdiction they distribute to, and arrange licenses if necessary in each, which is clearly absurd."
It's interesting that you highlighted an issue which would not be a problem if software patents were simply eliminated.
The existence of software patents in some jurisdictions should not rationalize the implementation of software patents in other jurisdictions. Software patents need to be considered on their own merit.
"Currently in the US the government takes patent filing fees and spends them outside of the patent system. This leaves the PTO underfunded and unable to review patents adequately, which is one of Brad's complaints."
I agree they're underfunded. However the review costs are not fixed per developer, they actually increase exponentially as the pool of developers grows.
Say another country implements an identical system on an identical scale, which costs the same as well. Now these two countries want to merge/coordinate their patent systems for the reasons you mention (which should be procedurally trivial given that they are identical). Can you see that it's necessarily going to require even more work for patent reviewers to do their jobs in a unified system which has doubled in size? How much is this extra work going to cost?
Now apply this escalating workload world-wide over dissimilar patent systems and the costs can only increase.
Is the work being done at the PTO actually productive? On a macro-economic scale, we're all (indirectly) paying for the software patent filling fees, administrative attorney overhead, and let's not forget the lawsuits. Isn't it conceivable that our efforts might be better spent on more worthy endeavors?
"I agree on that, although I find it strange that many on the internet have jumped to the conclusion that software patents should not exist."
Shouldn't the burden be on those claiming a software patent system is needed?
"Personally I'd find it strange if an algorithm in hardware can be patent protected but cannot be in software; and I wonder what distortions that would unleash on the market."
I don't think algorithms should be patentable at all. Physical/Mechanical/Chemical Processes are not my domain, and I don't have an opinion on those kinds of patents. But patents should not apply to purely intellectual disciplines like CS/mathematics/philosophy. The term "invention" is a stretch anyways.
"A lot of this view seems to me based in the belief that software patents are not generally innovative and hence worthy of payment;"
But I can be paid for my work without a patent monopoly. We are still the majority in fact.
"The problem, IMO, is large volumes of low value patents (intellectually), such as (ahem) XML editing."
It is a problem, but I still want to know where is the public benefit that justifies handing out private monopolies on software ideas?