Innovation and software patent

In summary, there is a lot of opposition towards software patents because many believe that they hinder innovation. This is due to the fact that in the past, the patent office did not properly reject patents based on their obviousness. Instead, they granted patents for ideas that would have been easily discovered by multiple software engineers in the same field. Some suggest using copyright instead of patents to protect software.
  • #1
little_tiger
3
0
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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  • #2
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".
 
  • #3
why not copywrite instead?
 

Related to Innovation and software patent

1. What is a software patent?

A software patent is a legal document that grants the owner exclusive rights to an invention or innovation related to software. It allows the owner to prevent others from making, using, selling, or importing the patented software without their permission for a certain period of time.

2. How does an innovation qualify for a software patent?

In order for an innovation to qualify for a software patent, it must meet certain criteria. It must be novel, meaning it has not been previously disclosed or publicly used. It must also be non-obvious, meaning it is not an obvious improvement on an existing innovation. Additionally, the innovation must have a specific and practical application in the field of software.

3. What are the benefits of obtaining a software patent?

Obtaining a software patent can provide several benefits. It can protect the owner's investment in developing the innovation, as well as prevent others from copying or profiting from their idea. A patent can also increase the value of a company or product, and may provide a competitive advantage in the market.

4. Are there any drawbacks to obtaining a software patent?

There can be drawbacks to obtaining a software patent. The process can be time-consuming and expensive, and there is no guarantee that the patent will be granted. Additionally, some argue that software patents can stifle innovation and hinder the progress of the industry by limiting the use of certain technologies.

5. How long does a software patent last?

In most countries, a software patent lasts for 20 years from the filing date. However, this can vary depending on the country and type of patent. In some cases, a patent may expire earlier if the owner fails to pay maintenance fees or if the invention becomes public domain.

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