3 ms·

I would argue the speed at which innovation occurs in software world means "original" work is happening in multiple places simultaneously. It's not fair to simp

I would argue the speed at which innovation occurs in software world means "original" work is happening in multiple places simultaneously. It's not fair to simply grant the first claim, especially considering how slow the patent system is. That, and that software is so easy to copy you could argue that not copying it greatly impedes technological advancement of your society. Especially in comparison with adversaries who will violate the patents freely.

Loughla 2y ago
I don't see how the speed of development impacts the rights to the first person patenting it. It seems like if I was to make a novel system, seeking a patent should be at the top of my list. I agree with your second point entirely. I can see how closed doors can impede progress. But I thought that's what licensing was for. Also, the argument I'm questioning is that software patents are inherently wrong as a concept. I still don't get that.
- HideousKojima 2y ago
  >It seems like if I was to make a novel system, seeking a patent should be at the top of my list. Unless you've got a good chunk of cash or the backing of a decent sized corporation, filing a patent is pretty difficult and burdonsome for an individual. And even then actually enforcing it against infringers takes even more money.
  - Loughla 2y ago
    While I've never had to deal with enforcement, my patent was only 12k, including the lawyer and all the fees. That's not super burdensome, I think?
- jappgar 2y ago
  The patent process is slow but not a fixed time. It's variable. If the variability in time-to-patent exceeds the delta between independent inventions you no longer have a fair system. At best you're randomly rewarding the patent to one lucky inventor. At worst you're rewarding it to the one who is best able to game the patent system, encouraging corruption throughout.

3 ms·

I would argue the speed at which innovation occurs in software world means "original" work is happening in multiple places simultaneously. It's not fair to simp

by jappgar 2y ago

Loughla 2y ago
I don't see how the speed of development impacts the rights to the first person patenting it. It seems like if I was to make a novel system, seeking a patent should be at the top of my list. I agree with your second point entirely. I can see how closed doors can impede progress. But I thought that's what licensing was for. Also, the argument I'm questioning is that software patents are inherently wrong as a concept. I still don't get that.
- HideousKojima 2y ago
  >It seems like if I was to make a novel system, seeking a patent should be at the top of my list. Unless you've got a good chunk of cash or the backing of a decent sized corporation, filing a patent is pretty difficult and burdonsome for an individual. And even then actually enforcing it against infringers takes even more money.
  - Loughla 2y ago
    While I've never had to deal with enforcement, my patent was only 12k, including the lawyer and all the fees. That's not super burdensome, I think?
- jappgar 2y ago
  The patent process is slow but not a fixed time. It's variable. If the variability in time-to-patent exceeds the delta between independent inventions you no longer have a fair system. At best you're randomly rewarding the patent to one lucky inventor. At worst you're rewarding it to the one who is best able to game the patent system, encouraging corruption throughout.