Eolas strikes back; Microsoft prepares appeal

TalkBack 28 of 30:

Next »

« Previous

• Thread View
• Flat View

In a sense, there is a rule

One of the rules of patenting, besides the originality and non-obvious requirements, is that the applicant intends to "reduce it to use," that is make and/or sell it.

The reason that U.S. patents were included in the Constitution was as a spur to commerce. Provide the incentive to an inventor to invest the time/money to create an invention by giving him a limited monopoly long enough to enjoy the fruits of his investment. If there were no intent to implement, the patent has exactly opposite the intended effect - it prohibits others from bringing that same invention to market.

Now this gets us to the problem with most software patents. It doesn't require much investment to start writing programs and discover new algorithms. And almost any software that would fit into a current product line has to be such a small step forward that it would almost surely fail the "obviousness" test. So the patents by and large do nothing to spur commerce - the "invention" would have been created even without the possiblity of patent - but likely to inhibit it - prevent the competition from reaching the same plateau, from which further advances can be made.

Bad stuff. Jim Rogan called the PTO an organization in crisis, and this is one of the symptoms.

Posted by: IT_User   Posted on: 05/12/04 You are currently: a Guest | Members login | Terms of Use

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

SponsoredWhite Papers, Webcasts, and Downloads

• The Impact of Virtualization Software on Operating Environments VMware Today's use of virtualization technology allows IT professionals to ... Download Now
• The True Costs of Virtual Server Solutions VMware In an economic environment that is repeatedly heralding the message "do ... Download Now
• Three Steps You Need to Know to Stop Data Loss Varonis Sensitive data exposed to misuse or loss... it is the stuff of nightmares ... Download Now