Protecting small inventors myth
From en.swpat.org
The myth about software patents protect small inventors is based on the idea that a small company with a patent can become successful by excluding the big companies from competition or by being the only company developing that product.
The word "protecting" should generally be avoided. From the point of view of society and businesses, a patent is something that can be used to attack them. Patents are a threat, not a protection.
Simply saying "Software patents don't protect small companies" is not a fact. Software patents if indexed and drafted correctly could be used to prevent TROLLS and provide useful information. A database of software methods is required that illustrates both software available to the public and software 'protected' by patents.
Although time consuming, a running database like Chemical Abstracts and the National Center for Biotechnology Information (NCBI) for software methods would work well for STOPPING TROLLS and BAD PATENTS. It just needs to be indexed, have a reliable history, and forward/backward citations. Patent indexing should describe a) method protected in common terms, and b) diagram of method using standard programming diagrams.
I4I used software patents to protect from Microsoft (one of the biggest TROLLS behind IBM). Microsoft received a demo from I4I, liked the way I4I XML editor worked, fired I4I, and designed the exact same function into their software. I4I is a small company that was protected by software patents.
The presentation by "Digital America" below sums it up best describing how software patents are better for small companies.
- Argument: “Big” firms will be helped by software patents and “small” ones hurt.
- Answer: Wrong. While patents help big companies too, they are far more important to small firms that otherwise would not be able to keep big firms from copying their successes.
