Difference between revisions of "Software patents"
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==Definitions== | ==Definitions== | ||
| − | A | + | A Software patent is a patent on an idea that can be implemented in software on a computer. |
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| + | Put another way, it's a patent that can be infringed by writing or distributing software. | ||
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. | 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. | ||
Revision as of 09:25, 21 July 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.
Put another way, it's a patent that can be infringed by writing or distributing software.
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
