by PaulL » Tue Jun 26, 2012 11:52 am
by PaulL
Tue Jun 26, 2012 11:52 am
This is the kind of thing I find absolutely enraging about the patent system. Some big company hires some lawyers, they draft up things that either infringe on other works, are obvious (a stipulation that SHOULD invalidate a patent in the U.S., but that doesn't quite seem to be the case), or are even copies of other works worded slightly differently. Then, such patens are used to brutalize competition - exclusivity by lawsuit. Big companies have "portfolios", collections of patents that they license to each other. Small companies are taken to court and blown out of the water with litigation costs as soon as they become a threat.
The worst ones are software patents - I can't tell you how many times I've encountered a patent relating to software that never should have been issued. One company (no names) even tried to patent the concept of global variables. This kind of thing is nonsense - global variables have existed in some form or another since computing began. This is what irks me most. Software is an abstract world, meaning concrete concepts can often be contorted into a "new idea" just by changing some wording. Software is too new for ANYONE to claim 20 years of exclusivity over an idea likely already thought of by dozens of others.
I get that ideas need to be protected, but too many companies patent things that they have no true right to patent - and patent systems let it slide. I tend to support copyright more than patents for software, but that's me.
This is the kind of thing I find absolutely enraging about the patent system. Some big company hires some lawyers, they draft up things that either infringe on other works, are obvious (a stipulation that SHOULD invalidate a patent in the U.S., but that doesn't quite seem to be the case), or are even copies of other works worded slightly differently. Then, such patens are used to brutalize competition - exclusivity by lawsuit. Big companies have "portfolios", collections of patents that they license to each other. Small companies are taken to court and blown out of the water with litigation costs as soon as they become a threat.
The worst ones are software patents - I can't tell you how many times I've encountered a patent relating to software that never should have been issued. One company (no names) even tried to patent the concept of global variables. This kind of thing is nonsense - global variables have existed in some form or another since computing began. This is what irks me most. Software is an abstract world, meaning concrete concepts can often be contorted into a "new idea" just by changing some wording. Software is too new for ANYONE to claim 20 years of exclusivity over an idea likely already thought of by dozens of others.
I get that ideas need to be protected, but too many companies patent things that they have no true right to patent - and patent systems let it slide. I tend to support copyright more than patents for software, but that's me.