But what are software patents good for?

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Julien Stroman asked a question: But what are software patents good for?
Asked By: Julien Stroman
Date created: Thu, Jul 15, 2021 6:35 PM
Date updated: Mon, Jan 17, 2022 6:42 PM

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FAQ

Those who are looking for an answer to the question «But what are software patents good for?» often ask the following questions:

💻 Why software patents are good?

The short form of my post is that while patents (even software patents) are a good idea in principle, in practice they have turned into an unmitigated disaster and would be better scrapped. To begin, however, I'll say why patents are a good idea in principle, indeed they may be one of the most valuable 'inventions' in human history.

💻 Are software patents good or bad?

Software patents are harmful. Software patents have three key characteristics which have resulted in their harmfulness. They are vague in terms of what is actually invented… You can sue for infringement without making the product to which the patent applies.

💻 How long are software patents good for?

The previous answers are correct. Patents are valid in the U.S. for twenty years from the filing date, and possibly a bit longer a patent term extension is granted because of delays by the patent office. Patent term extensions usually range from a...

8 other answers

Software patent examples help people who invent software to know what types of software are patentable in the United States. These include virus detection software, web interfaces, content-filtering software, video compression software, and more. Real-World Software Patent Examples Amazon One-Click, U.S. Patent No. 5,960,411

Software patents often cover a very broad scope, while they should be more concrete and narrow. This is due to the fact that large organizations are increasingly using them for legal warfare. Such...

The three requirements for patentability demand that the invention be new, useful and non-obvious. There are a few subject matter exceptions to what is patentable, for example items contrary to the...

Software patents (and patents in general), are defined by claims. These claims are legalese words which try and articulate exactly what has been invented. They typically define a method for doing...

Software patents have also created big--and expensive--problems for companies throughout all sectors of our economy. Pretty much as soon as they get venture financing, start-up companies are...

The development cycle and product lifetime of software has so diminished that the small innovator is capable of producing better software with a faster time to market, yet software patents would ...

In theory, patent law would extend protection only to the non-obvious and novel. That together with software’s technical nature seemed a good fit with patent law. It’s certainly true that patents provide “more certain protection against the copying of the function of a program more broadly.”

Almost all software patents are on trivial software concepts, and almost all non-trivial software concepts are not patented. This is the part that is perhaps the most enraging to serious software developers, although it is the least relevant, perhaps, to the overall argument for or against.

Your Answer

We've handpicked 23 related questions for you, similar to «But what are software patents good for?» so you can surely find the answer!

Software patents are dead?

In this environment, software patents are not dead; instead, they are, like Schrödinger’s cat, in an indeterminate state, simultaneously dead and alive until examined by an observer.

Software patents are necessary?

Why Software Patents are Necessary, Part 2 Posted on January 10, 2014 by Chad Peterson This post continues from the prior post on this topic , and gives several more reasons why software patents are not only a good idea, but quite necessary for a functioning inventive environment.

Software patents are stupid?

Many think that Software Patents are stupid. I conceptually agree with this statement. Having spent what seems like millions of hours constructing these, baby sitting them, defending them; it is really all wasted time and effort, at least in a conceptual sense.

Software patents in india: can we get software patents in india?

Therefore, in answer to the main question; can we get software patent in India? Yes. You ...

Are software patents dead yet?

While business method patents are not dead yet, allowance rates in those art units dropped precipitously after Alice and there is no indication that the decline is slowing. The Author

Are software patents renewable energy?

to renewable energy deployment by providing guid-ance on various instruments, such as standardisation, patent information, RD&D frameworks and technology cooperation. Since 2012, IITC has been looking into Intellectual Prop-erty Rights (IPR) protection and utilisation, in particular patents, as one of the relevant instruments to support

Are software patents worth it?

A software patent may not be worth your time or money, but there are other ways to protect yourself… Although patents for things other than software are legitimate and have a clear purpose, software patents feel like a joke.

Does free software break patents?

Giving the Software Field Protection from Patents. A version of this article was first published at Wired in November 2012. Patents threaten every software developer, and the patent wars we have long feared have broken out. Software developers and software users—which, in our society, is most people—need software to be free of patents.

How do software patents work?

Video demostrative: How software patents work

How useful are software patents?

A software patent or copyright is a legal way to protect your software source code, idea, or invention. It's often necessary to choose a patent or copyright.9 min read. 1.

Should software patents be outlawed?

Software patents are somewhat controversial in both the legal and technical worlds. There’s a well-documented public policy debate about whether software patents are good or bad for the economy overall. For example, a 2015 whitepaper by the Electronic Frontier Foundation analyzed insights from 16,500 people to discuss how the current system can be exploited by bad […]

When were software patents allowed?

The initial Guidelines issued by the Government on August 21, 2015, deviated from Section 3 (k) insofar as they allowed software patents per se. These guidelines were a cause of worry to the software industry. According to these Guidelines, the software could be patented as long as it produced a ‘further technical effect’.

Why are software patents controversial?

The free and open source software community, and many companies that use and contribute to open source oppose software patents because they can impede or prohibit the distribution of free software. They contend that patents threaten to undermine FLOSS, regardless of innovations produced by FLOSS collaborations. Software patents' usefulness as an information source is limited

Why are software patents unreliable?

Consequently, a patent on even the most break-through software invention is “unreliable” in the sense that, in front of the wrong set of judges, it will be struck down as an “abstract idea” even though it satisfies all of the objective rules.

Why software patents are bad?

Since valuable software is very time-intensive to create and debug, and because technical support is a desired complimentary service, companies often have no incentive to clone software that they could license, and when they do wish to do so, it is often because the licensable software cannot do what they need it to do, and therefore they do not “clone” it anyway, but rather create a wholly different system for their own use.

Why software patents are important?

Instead, almost the entire practical result from software patents is to create an uncertainty settlement market, whereby software developers pay patent holders after the fact to avoid entanglement in lawsuits.

Are software patents illegal in europe?

Europe as a region is still gaining on the U.S. in terms of IT industry as it is free from the burden of software patents that the United States imposed on themselves. The small and medium software companies have made Europe a central player in innovation, while in the U.S., innovative software development is limited to a few monopolists.

Can open source software infringe patents?

What happens if an open source software is released globally and it violates a patent? I found an interesting answer on MetaFilter and would like to know if it is considered to be correct by local community. The answer says in short that theoretically a patent infringement exists but in reality the open source project won't be sued for various reasons at least as long as no commercial entity ...

Computer software protection: patents or copyright?

Software patents, in contrast, protect the creation of the inventive concept behind the works, which provides a stronger protection than copyright. Patenting is therefore an attractive method of protecting original computer programs, although obtaining it is not straight forward. The criteria for meeting patentability are those of novelty, inventiveness (i.e. non-obvious to the skilled man in the field of the invention) and industrial application. In the past it has been difficult to obtain ...

How do similar software patents work?

A software patent search helps businesses and individuals figure out what kind of software already exists. If you've developed software or have a software idea, a software patent search tells you what similar ideas are out there. When you want to patent your software, the search helps you figure out if your software is unique enough for a patent.

How long are software patents valid?

For patent applications filed after June 17, 1995, the patent last 20 years from the date of filing. Since applications typically take one to three years to process, most patents filed after 1995 have an effective duration of 17-19 years.

How long do software patents last?

There are three main types of patents that are available to you when applying for a patent for your software: Provisional Patents have a term of 1 year , allowing you some time to further develop and refine your software while holding your place in line with the United States Patent and Trademark Office (USPTO).

How to get around software patents?

1) The SHIELD Act. The SHIELD Act would make it easier for successful defendants in weak computer patent cases (both hardware and software) to get their attorneys' fees. The fee-shift only ...