Comments on: The Drumbeats Against Software Patents Are Getting Louder

By: @Glenn_Gutierrez

@Glenn_Gutierrez — Tue, 15 Sep 2009 06:52:55 +0000

Nice. That's a really awesome article.

By: joe

joe — Sat, 05 Sep 2009 15:55:21 +0000

By: @gigstaggart

@gigstaggart — Fri, 04 Sep 2009 13:55:46 +0000

I hate to rain on the parade, but a design patent is nothing like a process patent.

A design patent only covers the non-functional ornamental elements of a design. It is more like a copyright.

Copyright does not apply to functional things… for example you can't copyright a car design, no matter how sleek and artistic it is. You can, however, get a design patent on the non-functional design elements of it.

Design patents fill a gap in copyright law and are generally non-evil.

By: Eric Dolecki

Eric Dolecki — Fri, 04 Sep 2009 12:29:08 +0000

This is a pretty cool commenting system.

By: Brad Feld

Brad Feld — Fri, 04 Sep 2009 00:40:04 +0000

Yeah – this one is so unbelievably ridiculous that we probably need a new word than ridiculous to describe it.

By: JChauncey

JChauncey — Thu, 03 Sep 2009 23:28:39 +0000

add this to the wtf pile - http://yro.slashdot.org/story/09/09/03/1223207/Go... "A week after new USPTO Director David Kappos pooh-poohed the idea that a lower patent allowance rate equals higher quality, Google was granted a patent on its Home Page. Subject to how the design patent is enforced, Google now owns the idea of having a giant search box in the middle of the page, with two big buttons underneath and several small links nearby. And you doubted Google's commitment to patent reform, didn't you?"

By: JChauncey

JChauncey — Thu, 03 Sep 2009 19:00:33 +0000

http://yro.slashdot.org/article.pl?sid=09/09/03/1...

"For the Supreme Court's upcoming review of the Bilski decision, IBM has submitted an amicus brief claiming that software patents 'fueled the explosive growth of open source software development' (!) (p38 of linked PDF). EndSoftwarePatents, for its own amicus brief, is looking for help building a list of free software harmed by software patents, and a list of companies that distribute free software and are taxed by patent royalties."

Someone needs to have Knuth speak at the hearing

By: tim

tim — Thu, 03 Sep 2009 16:35:10 +0000

regarding google design patent – how else would you do a search page? unfuckingbelieveable. i am ready to support the abolishment of the patent system (and potentially the entire federal government)

i get flashbacks to the Idiocracy movie. and the taste of vomit in my mouth.

By: JChauncey

JChauncey — Wed, 02 Sep 2009 15:26:09 +0000

the coke recipe is stored below their 10th street building in ATL (at least thats what I heard from a VP a few years ago)

By: tim

tim — Wed, 02 Sep 2009 13:59:31 +0000

hi Brad,

yes … and we agree … I am just saying the problem is bigger than software.

i am all for either abolishing the system completely OR fixing it by streamlining the process and getting competent examiners.

By: Brad Feld

Brad Feld — Wed, 02 Sep 2009 13:40:06 +0000

Ok – I accept that. However, the way I read your comment was that “if you think software patents are bad, then you must think other patents are bad, therefore if you do away with software patents you need to do away with all patents.”

While I agree that the test is what matters, there is also the fundamental notion of what you can actually patent (e.g. you can’t patent “a story” – that’s what copyright is for.) As I’m sure you know, you can’t patent “an idea”, rather you patent the instantiation of the idea., I’ve long argued that copyright and trade secret are the appropriate intellectual property protection for software.

By: Startup Expedition » Blog Archive » Patent Pending

Startup Expedition » Blog Archive » Patent Pending — Wed, 02 Sep 2009 13:09:57 +0000

[...] you like well informed controversy on the topic, Brad Feld will keep you up to date. [Disclosure: I am a fan of Brad, but completely disagree with him and [...]

By: JChauncey

JChauncey — Wed, 02 Sep 2009 12:28:13 +0000

Knuth > *

By: tim

tim — Wed, 02 Sep 2009 12:13:53 +0000

Brad – with all due respect – you are missing my point – i am NOT saying if A is bad then B is bad – I am saying A and B do NOT matter – the TEST is what matters.

I mentioned mechanical because you are obsessed with software – I was merely pointing out that the problem is UNIVERSAL and NOT just software …

I will name check you in a blog post today at http://www.startupexpedition.com – love your work.

By: Brad Feld

Brad Feld — Wed, 02 Sep 2009 05:28:08 +0000

I’m not sure which is baby and which is bathwater. I assert that neither business method patents nor software patents are valid constructs to be patented.