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The SHIELD Act is not intended to fix everything broken with the system - just slice off the low-hanging fruit. More comprehensive reform would probably includ
by Vivtek 14y ago
The SHIELD Act is not intended to fix everything broken with the system - just slice off the low-hanging fruit.
More comprehensive reform would probably include a ban on patents in software, or at least a much, much shorter patent period for software and similar domains of invention that move much more quickly than, say, pharmaceutical development and approval.
- TillE 14y agoEven for a $1 billion pharmaceutical drug, 20 years is quite a long time to recover your investment. For something that costs a small fraction of that to develop, it's an eternity. For a patent covering a trivial software idea, it's ludicrous. I'd be happy with a system that gives five years by default, using the current process. Twenty years only if you can easily prove non-obviousness and significant research investment.
- Vivtek 14y agoTo be honest, a software patent should be required to include working code. The entire point of the system is not to provide money for trolls and lawyers, but ensure that technical knowledge is disclosed to the public while ensuring the inventors of that knowledge are compensated. That is currently not happening.