Difference between revisions of "Software patents"
(→Definitions: Put another way, it's a patent that can be infringed by writing or distributing software.) |
(→Definitions: ===Examples of what are NOT software patents===) |
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Put another way, it's a patent that can be infringed by writing or distributing software. | Put another way, it's a patent that can be infringed by writing or distributing software. | ||
− | + | 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]]. | |
+ | |||
+ | ===Examples of what are NOT software patents=== | ||
+ | |||
+ | 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. | ||
+ | |||
+ | ===Examples of software patents=== | ||
− | + | A computer game involving cars would not be running any patent risk, even the virtual cars in the game used [[Anti-lock braking example|anti-lock braking]]. | |
− | + | This includes patents on algorithms, file formats, and communication protocols. In a broad sense, it can include game patents, [[business methods]], and network services. | |
==Algorithms== | ==Algorithms== |
Revision as of 09:26, 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.
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.
Examples of what are NOT software patents
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.
Examples of software patents
A computer game involving cars would not be running any patent risk, even the virtual cars in the game used anti-lock braking.
This includes patents on algorithms, file formats, and communication protocols. In a broad sense, it can include game patents, business methods, and network services.
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