Tech giants edgy over Web services patent sale

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Not quite

The real question, as recently studied by the SEC, and long debated by WIPO, PTO, EPO, JPO, AIPLA is whether software is inherently patentable. The U.S. experience shows how to concoct a dysfunctional system, but that in no way proves the converse.

Does the promise of a state-granted monopoly induce individuals or firms to invest time and capital in basic software research that they would not otherwise have done? If not, then it does not satisfy the premise of the underlying Constitutional clause and enabling legislation reflected in U.S. Code. The specialist bodies should draft legislation to clarify the intent. Previously the PTO had stood guard with its specific regulations, but the courts decided the Code was too generic to support PTO's stance. PTO simply threw in the towel rather than proposing to recraft either the legislation or its regulations and paid the price with debasement of its currency, the patent.

Time and experience have not been to kind to the position of the lawyers enriched by the current system. Agreed, it's time to get Congress of its duff and look at the question in depth. But to my mind the burden of proof should lie with those that premise a societal benefit from software patents.

Posted by: IT_User   Posted on: 11/24/04 You are currently: a Guest | Members login | Terms of Use

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