Are Software Patents Barriers to Innovation?

AI Thread Summary
Many individuals oppose software patents due to the belief that they hinder innovation by creating barriers for developers. Concerns center around the patent office's inadequate assessment of "obviousness," leading to the approval of patents that should not qualify. A common standard for evaluating patentability involves assessing whether multiple experienced software engineers would independently arrive at the same concept. If a significant majority can replicate the idea, it suggests the concept is obvious and should not be patentable. Additionally, there is a suggestion that copyright might be a more appropriate form of protection for software, as it could avoid some of the pitfalls associated with the patent system.
little_tiger
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why are so many people against software patents? why do they think that software patents are the barriers to innovation? what do you guys think?
 
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Based on the few patents I've looked at that were related to stuff I was working on at the time back in the 1980's it was clear that the patent office wasn't doing a good job of rejecting patents based on "obviousness". My standard: if you were to assign a task to ten separate software engineers experienced in the field of study related to the patent, how many would come up with the same concept granted in the patent? If 2 or 3 make the same "discovery", then the patent should not be granted, because it is sufficiently obvious to anyone familiar with the tecnology. In some cases, I saw granted patents where 7 to 9 of 10 would have made the same "discovery".
 
why not copywrite instead?
 
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