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| + | jHZcSE <a href="http://hlutvmcrvmuh.com/">hlutvmcrvmuh</a>, [url=http://zdbqfjzsmmbx.com/]zdbqfjzsmmbx[/url], [link=http://tbgodnmcvyqo.com/]tbgodnmcvyqo[/link], http://mzqviiedomfw.com/ |
− | Patent procedures are too slow, the uncertainty lasts too long, and patents last too long for software.
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− | ==20 year duration of patents==
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− | Patents last for 20 years. This term has been set by [[TRIPS]].
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− | Patents exist to encourage researchers to publish their ideas. The researcher gets a temporary monopoly, and in return, society gets access to the idea when the patent expires.
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− | In software, if you have to avoid using ideas from the past 20 years, your software will be useless. (See: [[Use software from 20 years ago]])
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− | Similarly, it doesn't take 20 years to figure out how a software package works, so the disclosure with a 20 year delay on your freedom to use the idea, is a pointless deal. (See: [[The disclosure is useless]])
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− | ==Time required for grant==
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− | In most countries, a granted patent is considered valid starting from the application date. This means Person A can apply for a patent, and Person B can develop a product. If Person B looks at all published patents, they will not see Person A's patent application which is still being processed. If Person A's application is approved, they can immediately accuse Person B of infringing the patent - despite Person B never having had any possibility to know that this idea was patented.
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− | The unfair situation can happen in any field of development, but it's aggravated in the case of software because the development cycle of software is often very fast.
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− | ==Post-grant changes== | |
− | In the [[USA]], patent applicants can continue to enlarge the patent within the first two years after it's granted.<ref>http://www.forbes.com/2000/10/13/1013amazon.html</ref> So if [[Amazon]] searched all existing patents in 1999, and if they found that their [[1-click shopping]] idea wasn't patented, they could still find themselves sued in 2000 or 2001 by someone who later expanded a patent granted after Amazon did its search.
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− | ==Related pages on {{SITENAME}}==
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− | * [[Invalidating harmful patents#Takes_years]] - the courts system is too slow to work for software developers
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− | ==External links==
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− | * [http://web.archive.org/web/20010802044125/www.amazon.com/exec/obidos/subst/misc/patents.html An Open Letter From Jeff Bezos On The Subject Of Patents], (2001? or earlier), Jeff Bezos of [[Amazon]] suggests a 3-5 year term for [[software patents]]
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− | ** [http://www.gnu.org/philosophy/amazon-rms-tim.html Amazon Letter from RMS to Tim O'Reilly], 11 Mar 2000, by '''[[Richard Stallman]]'''
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− | ==References==
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− | {{reflist}}
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− | {{footer}}
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− | [[Category:Arguments]]
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