Difference between revisions of "Invalidating harmful patents"
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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. | ||
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==Prior art or subject matter== | ==Prior art or subject matter== |
Revision as of 02:36, 11 May 2011
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.
lMHjFFfz
Prior art or subject matter
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.
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 - the review took five years and only narrowed the patent
- Buying harmful patents
- Invalidate patents based on subject matter
- How to read patents and gather prior art
- State of the art - what is "prior art"?
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
- Transcript: Andrew Tridgell on Patent Defence, 2010