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Difference between revisions of "20 years is too long"

(Post-grant changes== In the USA, patent applicants can continue to enlarge the patent withing the first two years after it's granted.<ref>http://www.forbes.com/2000/10/13/1013amazon.html</ref> So)
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Patent procedures are too slow, and patents last too long for software.
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Patents last for at least 20 years.  This term has been set by [[TRIPS]] (art 33).
  
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==Duration of patents==
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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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Patents last for 20 years. This term has been set by [[TRIPS]].
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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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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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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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For software, almost all 20-year old ideas are useless.
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==Related pages on {{SITENAME}}==
  
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==Time required for grant==
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* [[Slow process creates uncertainty]]
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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 which is still being processed.  If Person A's application is accepted, they can immediately accuse Person B of infringing the patent.
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* [[Invalidating harmful patents#Takes_years]] - the courts system is too slow to work for software developers
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* [[Use software and functionality from 20 years ago]]
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* [[Utility models and innovation patents]] - which have a term of less than 20 years
  
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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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==External links==
  
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==Post-grant changes==
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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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In the [[USA]], patent applicants can continue to enlarge the patent withing 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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** [http://www.gnu.org/philosophy/amazon-rms-tim.html Amazon Letter from RMS to Tim O'Reilly], 11 Mar 2000, by '''[[Richard Stallman]]'''
  
 
==References==
 
==References==
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<references />
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{{reflist}}
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[[Category:Arguments]]
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{{footer}}
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[[Category: Arguments]]

Revision as of 15:15, 16 September 2014

Patents last for at least 20 years. This term has been set by TRIPS (art 33).

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.

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)

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)

Related pages on ESP Wiki

External links

References

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