Software patent: Difference between revisions

Revision as of 06:52, 6 August 2003

Revision as of 10:13, 24 August 2003

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* Patent licenses are especially harmful to [[open source software]] / [[Free software]], which are becoming an increasingly important type of software and in many markets are the only alternative to establishing a permanent monopoly in a functional area.

* Software patents reward those who employ a deceptive practice known as ''submarine patents''. In this approach, the patenter files for a patent and ensures that it is not made public by the PTO for some time through various paperwork processes, or simply words it so that it is not noticed by the community the patent would apply to. Patenters then attempt to ensure widespread use of the patented approach, e.g., by working with standards bodies and implementers to use the approach. Then, once the approach is widely used, they then announce the patent and sue all users, who will find it difficult to switch to other approaches once they are widely embedded.

* Patent licensing strongly discourages, and in somes cases prohibits entry of newcomers into the software field. Large companies collect patents and attempt to force cross-licensing with others to protect themselves from software patents. But this means that small companies, without a large body of patents to cross-license, may be forced to license from a large number of companies to develop software at all. If theThe total of these royalties could exceed all possible benefits, permanently preventing newcomers to the software field.

* Small litigation companies (whose only contribution is to buy patents and sue other companies) can threaten large companies, even if those companies cross-license patents. Thus, even large companies can be at risk of a patent suit. However, these companies may exist solely to create patents of previously existing or obvious ideas, and litigating these patents can be more expensive than the product is worth.

* Patent officers tend to be paid less than they could make doing other activities in software, so they tend to be less skilled. In addition, they must be generalists, so they are unlikely to be aware of well-known approaches in any particular area applying software.