HP: Don't like software patents? Learn to deal

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Bingo!

[quote]I thought I had lots of great patents, but the senior engineers kept pulling out a book by R.K. Richards. He had written a book which documented dozens of computer arithmetic algorithms, preventing legions of engineers from getting their patent awards.[/quote]

Which is why software patents cannot hold up. Just like the Borland LAF belonged to Borland and was licensed to every developer who used their dev. ste., every logical algorithm has prior art in the design of the compiler and programing language of the developer.

The problem is that when CompanyX files a patent today and gets it granted tommorow then sues me on Friday, I have to pay a lawyer to defend me in court and prove prior art or the obviousness of the method. It infringes on my ability to make a profit and costs me money to defend and damages my reputation until after the suit is completed, five years later.

By that time, I am broke, in debt and have no product, no client, no business. It would be easier to settle out of court or sell my product to them --for resale to someone else with licensing-- and that is what the IP company, CompanyX, posing as a software company, actually wants. They want to make money by litigation rather than by actually producing something.

That is why it has to be fought. Software patents destroys innovation. They must be curbbed or the patent Office needs to return to the old way of doing things. In the old way, the lack of prior art and obviosness --patentability-- had to be reasonably established before a patent can be granted and then can leter be challenged if someone claims that something was missed.

In the new way --established to allow patents to be granted in less time-- a patent can be granted without that reasonable establishment of patentability does not need to be establishe d first and can be tried and challenged in a court after the patent is granted. This means that part of the load of the patent office is now thrusted upon the shoulders of the defendants in patent suits.

This sucks! We can fix that by going back to the old way --and make patent grants take forever agin-- and let so many software patents be thrown out so often that the patent office will see the error of its ways or we can make it stop now by doing more than just discussing it in a ZDNet forum.

I keep seeing websites with the "Stop EU software patents" petition button on the top but I have never seen a "Reverse US software patents" petition button anywhere. Takers, anyone?

P.S., I don't have an active website nor representation in the US legislation.

Citizens of the Union. It is up to you!

Posted by: The King's Servant   Posted on: 02/16/05 You are currently: a Guest | Members login | Terms of Use

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