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) |
(* [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, Jeff Bezos of Amazon suggests a 3-5) |
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==Time required for grant== | ==Time required for grant== | ||
| − | 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 | + | 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. |
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. | 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. | ||
==Post-grant changes== | ==Post-grant changes== | ||
| − | In the [[USA]], patent applicants can continue to enlarge the patent | + | 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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| + | ==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, Jeff Bezos of [[Amazon]] suggests a 3-5 year term for [[software patents]] | ||
==References== | ==References== | ||
<references /> | <references /> | ||
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| + | {{page footer}} | ||
[[Category:Arguments]] | [[Category:Arguments]] | ||
Revision as of 04:10, 15 March 2010
Patent procedures are too slow, and patents last too long for software.
Contents
Duration of patents
Patents last for 20 years. This term has been set by TRIPS.
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.
For software, almost all 20-year old ideas are useless.
Time required for grant
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.
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.
Post-grant changes
In the USA, patent applicants can continue to enlarge the patent within the first two years after it's granted.[1] 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.
External links
- An Open Letter From Jeff Bezos On The Subject Of Patents, 2001, Jeff Bezos of Amazon suggests a 3-5 year term for software patents
