Costly legal costs
Software development, like writing a book or making music, is something that's done by individuals and hobbyists. Indeed, a lot of free software was written by non-paid individuals. Their freedom to write software is important, and the software they write is important for society. The patent system is too expensive for them, and always will be.
The costs of participating in the patent system are wildly expensive compared to the cost of entering and participating in software development and distribution.
Why is software different
In fields such as manufacturing and pharmaceuticals, one can assume that practitioners have a certain amount of money since they will have had to buy and equip a factory and they will have to pass various safety tests. Also, since they pay dearly to be in business, it's safe to assume that people in these fields aim to make a profit from their work.
For software, most people have all the necessary equipment in their homes, and many people develop software without receiving any direct income from doing so. This means the law can't assume that software developers have the money to defend themselves or to get their own patents.
The costs
In the USA, according to Dan Ravicher, the cost of getting a legal opinion after receiving a patent threat letter is $40,000 and the cost of defending one's self against a patent suit is $2-4 million.[1]
External links
- Patently-o: Patent Office Keeps Check, Lets Patent Go Abandoned For Being $10 Short a patent holder says "not an attorney but a pauper disabled living on a fixed income (SSI) who cannot pay $200 to petition your office." so he will lose his patent
References
- ↑ http://www.pubpat.org/ftisaswptpresentation.htm - slide 12