Comments on: The End Software Patents Coalition

By: robert960

robert960 — Wed, 07 Jan 2009 01:55:48 +0000

The BIG problem I have with software patents is when a company files them, but doesn't use them. If you're protecting your product or service… fine. But if you're patenting stuff with no intention of using it, then don't waste your time (or anyone else's).

Take the Blackberry case as an example. Blackberry might have infringed on a patent, but as far as I'm concerned the original patent holder should have taken their ass to market sooner. Instead, they sat on it and waited for someone else to do the leg work before crying about it… or at least that was my take on it.

By: Alan

Alan — Wed, 07 Jan 2009 01:55:48 +0000

Move to the EU
We don't really allow patents on software – although M$ have tried to corrupt the system….

By: jamesdkirk

jamesdkirk — Wed, 07 Jan 2009 01:55:48 +0000

Read your earlier post about software patents, Brad. But what about patents on methods or processes? I've just sent in my first application to the USPTO and am working on my second. Do specific methods also fall into this category? Curious.

By: Deb Miller

Deb Miller — Wed, 07 Jan 2009 01:55:48 +0000

In case you haven't seen this: http://www.ipadrblog.com/2007/11/articles/busines… This video is not directly related to patents, but is about the other IP issue — copyrights. It's about 19 minutes long.

By: bfeld

bfeld — Wed, 07 Jan 2009 01:55:48 +0000

I dislike method and process patents also. The group is calling things "soft" patents which theoretically captures method and process patents. There are cases where method/process patents work when they are integrated with a machine of some sort, but there are a large number of patents that I think fall in the irrelevant category. Fundamentally, you should not be able to patent "an idea." However, I'm starting with something I know well, which is software.

By: reinier_bak2181

reinier_bak2181 — Wed, 07 Jan 2009 01:55:48 +0000

I do believe that "software patents" are the worst form of legal extortion that exists. Still, for a successful opposition against such patents, eventually the question must be answered what is in and what is out. The US courts struggled from 1973-1998 to draw that line, and then opened the floodgates. The EU courts still struggle with the "technical contribution" criterion which is a confusing pretext to make arbitrary decisions.
Imho a fundamental change in patent philosophy is needed. The question is *not*: does this alleged inventor deserve a patent, *but*: can he survive market competition without legal protection? In the capitalist economy, imitation (preferably improved) is the rule and protection should only be applied in rare circumstances. Patent protection is for losers!

By: deborah2361

deborah2361 — Wed, 07 Jan 2009 01:55:48 +0000

We are an innovative and profitable ISV. We intentionally haven't used patents, and agree that software patents are evil. What jeopardizes our profitability is the legal costs in negotiating indemnification. There's a rising expectation that we can afford to fully indemnify our customers against any alleged patent infringement, whether we infringe knowingly or otherwise. A patent lawsuit could kill us.

By: Deborah

Deborah — Tue, 20 Nov 2007 17:44:12 +0000

By: Reinier Bakels

Reinier Bakels — Fri, 16 Nov 2007 08:56:13 +0000

I do believe that “software patents” are the worst form of legal extortion that exists. Still, for a successful opposition against such patents, eventually the question must be answered what is in and what is out. The US courts struggled from 1973-1998 to draw that line, and then opened the floodgates. The EU courts still struggle with the “technical contribution” criterion which is a confusing pretext to make arbitrary decisions.
Imho a fundamental change in patent philosophy is needed. The question is *not*: does this alleged inventor deserve a patent, *but*: can he survive market competition without legal protection? In the capitalist economy, imitation (preferably improved) is the rule and protection should only be applied in rare circumstances. Patent protection is for losers!

By: Alan

Alan — Tue, 13 Nov 2007 13:07:32 +0000

Move to the EU
We don't really allow patents on software – although M$ have tried to corrupt the system….