Difference between revisions of "Software patents"
(→Definitions) |
m (rv spam) |
||
Line 1: | Line 1: | ||
− | {{navbox}}A patent is a 20 year monopoly on the use of an idea. In software, these monopolies cause [[arguments|many problems]]. Ideas must meet certain [[What is patentable|criteria]] in order for a patent to be given. | + | {{navbox}} |
+ | A patent is a 20 year monopoly on the use of an idea. In software, these monopolies cause [[arguments|many problems]]. Ideas must meet certain [[What is patentable|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 example|anti-lock braking]]" would not be a software patent; it requires a car. On the other hand, someone writing a computer game involving cars would not be running any patent risk. | ||
+ | |||
+ | 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== | ==Algorithms== | ||
Line 13: | Line 24: | ||
* [[1-click shopping]] | * [[1-click shopping]] | ||
− | + | ===External links about business methods=== | |
+ | * http://www.bannerwitcoff.com/articles/ecommerce.pdf | ||
+ | * http://www.chillingeffects.org/ecom/ | ||
+ | * http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/13july09(3)cranwaycase.htm | ||
==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
Line 27: | Line 41: | ||
− | {{ | + | {{footer}} |
[[Category:Understanding the patent system]] | [[Category:Understanding the patent system]] |
Revision as of 07:44, 4 June 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.
Contents
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. On the other hand, someone writing a computer game involving cars would not be running any patent risk.
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
- http://www.bannerwitcoff.com/articles/ecommerce.pdf
- http://www.chillingeffects.org/ecom/
- http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/13july09(3)cranwaycase.htm
Related pages on ESP Wiki
- How to read patents
- Costs of patenting
- Design patent - not the same as normal patents