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Or we could just eliminate software patents. That would sort it. I tend to agree with this, but: what if we had some other rules in place, not just for softwar
by npsimons 14y ago
Or we could just eliminate software patents. That would sort it.
I tend to agree with this, but: what if we had some other rules in place, not just for software patents, but all patents? Like for instance, anyone who files a patent must also file documentation that they have searched for prior art and either not found any, or have documentation as to why their patent is different enough. If the patent examiner finds prior art that the filer didn't disclose, automatic denial of patent and the filer's privilege to file is revoked for a limited period of time. That and outlawing non-practicing entities from holding patents would probably go a long way to fixing the situation, and might even have a chance of happening.
- AnthonyMouse 14y ago>If the patent examiner finds prior art that the filer didn't disclose, automatic denial of patent and the filer's privilege to file is revoked for a limited period of time. Revoking the ability to file is no real deterrent because they'll just file the next one under a different shell corporation. And you're falling into the "small inventor trap": "The little guy can't afford such a comprehensive search so you're excluding him from the patent system." (Never mind that the patent office is expected to do such a search for the amount of the filing fee.) That's the argument you'll get. >That and outlawing non-practicing entities from holding patents would probably go a long way to fixing the situation, and might even have a chance of happening. You have a much better chance of abolishing software patents than preventing trolls from holding patents in all industries -- the trolls are the main lobby for keeping software patents. The balance of major software companies is, if anything, probably somewhat against software patentability.