Difference between revisions of "Invalidating harmful patents"
(→=We don't know when we've got them all: syntax) |
(===Sometimes the good guys give up too soon=== In the case Trend Micro v. Barracuda (2008, USA), the Groklaw community helped gather prior art to help Barracuda fight Trend Micro's patent, b) |
||
Line 1: | Line 1: | ||
− | {{ | + | {{navbox}}{{dud}} |
By '''invalidating the most harmful software patents''', we can reduce some harm being done by software patents. | By '''invalidating the most harmful software patents''', we can reduce some harm being done by software patents. | ||
Line 23: | Line 23: | ||
This can be difficult, expensive, and can take years. The [[Amazon's one-click shopping patent]] is an example which took 5 years and the patent wasn't even invalidated. | This can be difficult, expensive, and can take years. The [[Amazon's one-click shopping patent]] is an example which took 5 years and the patent wasn't even invalidated. | ||
+ | |||
+ | ===Sometimes the good guys give up too soon=== | ||
+ | |||
+ | In the case [[Trend Micro v. Barracuda (2008, USA)]], the [[Groklaw]] community helped gather prior art to help Barracuda fight Trend Micro's patent, but when it seemed that Barracuda would win, Trend Micro offered an out of court settlement and the invalidation never happened.<ref>http://www.groklaw.net/article.php?story=20100603011319457</ref> | ||
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
Line 40: | Line 44: | ||
− | {{ | + | {{footer}} |
[[Category:Minor ways to also fight software patents]] | [[Category:Minor ways to also fight software patents]] | ||
[[Category:non-solutions]] | [[Category:non-solutions]] |
Revision as of 13:50, 5 June 2010
What this entry documents is not a solution.
This practice may be ineffective or useless in the long term.
ESP's position is that abolition of software patents is the only solution.
By invalidating the most harmful software patents, we can reduce some harm being done by software patents.
This is almost always done by presenting prior art, thus claiming that the idea is not new. Sometimes it can be done by claiming the patented idea was too obvious. These invalidations don't create any useful precedent for reducing the scope for the patent office to grant software patents in future. To do that, we would need to invalidate patents based on subject matter. If it was argued that the patent was granted for something that's not patentable (software, business methods, math), then the precedent would be very significant because it will narrow the scope for the granting and enforcement of software patents.
Contents
Limits to effectiveness
There are too many
We can only invalidate a small number of patents. Example: MPEG-LA represents dozens of organisations which hold 900 patents which they say are required to implement the h.264 video format. Freeing this format by invalidating every one of them is completely impractical.
Some can't be invalidated
Patents can only be invalidated if they are invalid to begin with.
We don't know when we've got them all
Some software patent pests have a large collection of annoying patents they could use instead if their favourite patents were invalidated. For example, Microsoft accused TomTom of violating eight patents. The patents look invalid, but if they are invalidated there's still the worry that Microsoft will choose some others from its portfolio of 10,000 patents and continue the menace.
Another example is the MPEG-LA situation. If, by a miracle, all of those 900 patents were invalidated, there is still the possibility that another patent holder (who did not submit his patents to MPEG-LA) could announce that he has patents required for MPEG video formats.
Takes years
This can be difficult, expensive, and can take years. The Amazon's one-click shopping patent is an example which took 5 years and the patent wasn't even invalidated.
Sometimes the good guys give up too soon
In the case Trend Micro v. Barracuda (2008, USA), the Groklaw community helped gather prior art to help Barracuda fight Trend Micro's patent, but when it seemed that Barracuda would win, Trend Micro offered an out of court settlement and the invalidation never happened.[1]
Related pages on ESP Wiki
- Duds and non-solutions
- Prior art database - this is one method that can be targeted at invalidating specific patents
- Amazon's one-click shopping patent
- Buying harmful patents
External links
- EFF's project: "patent busting"
- If We Can't End Software Patents Tomorrow, What Should We Do In the Meantime?, by Bradley M. Kuhn
- Post-Issue Peer To Patent
- USPTO's 1-Click Indecisiveness Enters 5th Year