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Difference between revisions of "Software patent quality worse than all other fields"
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==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
* [[Raising standards is not our goal]] | * [[Raising standards is not our goal]] | ||
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* [[Silly patents]] | * [[Silly patents]] | ||
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* [[How to read patents]] | * [[How to read patents]] | ||
* [[Why software is different]] | * [[Why software is different]] | ||
| + | * [[Software patents produce legal uncertainty]] | ||
| + | * [[Software is too abstract, software patent quality is terrible]] | ||
| + | * [[The disclosure is useless]] | ||
| + | * [[Infringement is unavoidable]] | ||
==External links== | ==External links== | ||
Revision as of 20:28, 21 August 2011
Quality problems can happen in any category of patents, but the quality of software patents is particularly bad. This is probably a fundamental problem that can't be avoided in a domain as abstract as software.
Contents
The ideas are too abstract
In chemistry, ideas are described concretely, such as Trans-6-[2-(3- or 4-carboxamido- substituted pyrrol-1-yl)alkyl]-4-hydroxypyran-2-ones.[1]
In software, ideas are described as "point of sale location", "material object", or "information manufacturing machine".
Possible reasons
- Abstract algorithms can be described in so many ways.
- Jargon and lack of tangible components can make a mundane software idea sound technical.
- It's impossible for a patent examiner to judge obviousness. Software developers use so many ideas during their work, only a tiny percent ever get submitted to the patent office or otherwise published.
Examples
- Unbelievable software patents
- FFII's webshop which uses 20 ideas patented in the EU
- Microsoft developer's internal comments about his own patents indecipherable by anyone but a patent attorney
- Some Kodak patents
Related pages on ESP Wiki
- Raising standards is not our goal
- Silly patents
- How to read patents
- Why software is different
- Software patents produce legal uncertainty
- Software is too abstract, software patent quality is terrible
- The disclosure is useless
- Infringement is unavoidable
External links
- Why are Software Patents so Trivial? other version (possibly identical), by FFII
- Is software too abstract to be patented?, 18 Nov 2010, Rob Tiller (Red Hat)
- Why Software is Abstract, by PolR, 7 Oct 2010, Groklaw
- An Open Response to the USPTO — Physical Aspects of Mathematics, 26 Sep 2010, Groklaw
