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"A data structure should never be patentable - what's the difference between a data structure and a math formula? Both are just notations for reality, and can s
by reinhardt 14y ago
"A data structure should never be patentable - what's the difference between a data structure and a math formula? Both are just notations for reality, and can spring up in the minds of many disparate inventors."
Can we please let this disingenuous argument die already? Yes, in theory they can spring up in many minds independently. In practice they rarely do unless they are trivial. If the alleged disparate inventors can prove they came up with it independently, fine; the onus is on them.
- andrewljohnson 14y agoIn practice, independent invention happens all the time, and we end up with absurd patent lawsuits as a result.
- reinhardt 14y agoAFAIK none of these ludicrous patents are about data structures, algorithms or math formulas.
- Kalium 14y agoI find that somewhat difficult to accept, given that pretty much every single patent that touches software is ludicrous.
- M8R-fhlcjm 14y agoYou've made 2 wrong assumptions: 1) data structures are patentable. Where is your proof that pure data structure not tied to hardware or a specific problem are? 2) independent invention happens all the time. Actually, when you look closely, it happens very rarely relative to the overall number of inventions. Where is your proof that it does happen enough to merits change?
- pi18n 14y agoThe onus placed on them is too great when it appears as a dilemma between a yearly $X0,000 extortion or one-time $X,000,000 lawsuit.
- reinhardt 14y agoFair point, though the lawsuit cost insanity is hardly limited to patents.
- pi18n 14y agoThat's absolutely true, it's far too easy to get in a situation like that even without considering patent law. I just think patents make the scatter-gun approach too accesible, and the damages are far too high. Software doesn't need to protect R&D costs on FDA studies and years of testing. If the goal is to foster innovation, either software patents should be abolished, or there should be very reasonable limits to damages, or there should be a simple and inexpensive way to trigger a review that invalidates ridiculously obvious patents such as "scan-to-email" and friends.