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Difference between revisions of "Software patents"

(External links: * [http://peertopatent.tumblr.com/tutorials#patents Peer-to-patents tutorial list: Learn about patents])
(Related pages on {{SITENAME}}: * Old history of patents)
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* [[Costs of patenting]]
 
* [[Costs of patenting]]
 
* [[Design patent]] - ''not'' the same as normal patents
 
* [[Design patent]] - ''not'' the same as normal patents
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* [[Old history of patents]]
  
 
==External links==
 
==External links==

Revision as of 15:40, 26 October 2010

A patent is a 20 year monopoly on the use of an idea. It's a right to exclude others from using that idea (not a right for you to use the 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.

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

Probably the clearest examples of software patents are patents on algorithms such as:

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