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Difference between revisions of "Software patents"

(Related pages on {{SITENAME}}: * Design patent - ''not'' the same as normal patents)
(Definitions: A "'''Software patent'''" is a patent on an idea that can be implemented in software.)
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==Definitions==
 
==Definitions==
A "'''Software patent'''" has various definitions.
 
  
On this wiki, we use it the term with a broad definition to include patents on:
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A "'''Software patent'''" is a patent on an idea that can be implemented in software on a computer.
* Algorithms
 
* File formats or communication protocols
 
* Game patents
 
* [[Business methods]]
 
* Network services
 
  
These are areas that legislation, courts, and patent offices should exclude from [[patentable subject matter]].
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A patent on improving the braking of a car by configuring the car to use "[[Anti-lock braking example|anti-lock braking]]" would not be a software patent; it requires a car. A patent on
  
Keeping in mind that we're using that broad definition of "software", you may be interested to read [[Why focus only on software]].
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This includes patents on algorithms, file formats, and communication protocols.  In a broad sense, it can include game patents, [[business methods]], and network services.
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For one attempt to describe this in a way suitable for legislation, see the [[EU 2005 proposed amendments]].
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To abolish software patents, we need to get software explicitly excluded from [[patentable subject matter]].
  
 
==Algorithms==
 
==Algorithms==

Revision as of 09:04, 17 May 2010

A patent is a 20 year monopoly on the use of an idea. In software, these monopolies cause many problems. Ideas must meet certain criteria in order for a patent to be given.

Definitions

A "Software patent" is a patent on an idea that can be implemented in software on a computer.

A patent on improving the braking of a car by configuring the car to use "anti-lock braking" would not be a software patent; it requires a car. A patent on

This includes patents on algorithms, file formats, and communication protocols. In a broad sense, it can include game patents, business methods, and network services.

For one attempt to describe this in a way suitable for legislation, see the EU 2005 proposed amendments.

To abolish software patents, we need to get software explicitly excluded from patentable subject matter.

Algorithms

Examples:

Business methods

Business method patents are not necessarily software based, but I don't know of any patent that's been granted on a business method without a computer being included in the application.

External links about business methods

Related pages on ESP Wiki

External links