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Difference between revisions of "Software patents"

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A patent is a twenty-year long government-granted monopoly over the use of an idea. It's a right to exclude others from using the idea; not a right to use the 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.
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 [[arguments|many problems]].  Ideas must meet certain [[What is patentable|criteria]] in order for a patent to be given.
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To abolish software patents, a country can do either or both of the following:
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* [[Exclude software from patentability]]
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* [[Shield software from litigation]]
  
 
==Definitions==
 
==Definitions==
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===Examples of what are NOT software patents===
 
===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.
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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 might be possible to add this functionality to a car purely through changing the software of the car, but the idea is still not a software patent: it requires a car.
  
 
===Examples of software patents===
 
===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]].
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A [[Computer simulations and representations|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.
 
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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* [[RSA algorithm]]
 
* [[RSA algorithm]]
 
* [[LZW algorithm]]
 
* [[LZW algorithm]]
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==What is a patent?==
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Each patent is a list of ideas that ''you'' can't use.  A lawyer describes the idea in a patent application and the patent office decides if it meets their three or four [[criteria]].  If the application is approved then it is illegal for anyone in that country to use that idea without the permission of the patent holder.
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If the idea is a new way to manufacture cars or pharmaceuticals, this isn't a big problem because it only affects big companies with large financial and legal resources which allow them to do research to avoid infringements, to defend against accusations of infringements, and to pay the patent holder if needs be.
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If the idea is a new way to use a personal computer or a new way to make a website, then these patents create big social problems because the affected people usually don't have the financial and legal resources to deal with patent infringements.
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:''(See also: [[Why software is different]])''
  
 
==Business methods==
 
==Business methods==
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* [[How to read patents]]
 
* [[How to read patents]]
 
* [[Costs of patenting]]
 
* [[Costs of patenting]]
* [[Design patent]] - ''not'' the same as normal patents
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* [[Example software patents]]
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* [[Old history of patents]]
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* [[How other domains are excluded from patentability]]
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* [[European Patent Office grants software patents]]
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*''Not'' the same as normal patents:
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** [[Design patent]]
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** [[Utility models and innovation patents]]
  
 
==External links==
 
==External links==
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* [http://www.softwarefreedom.org/podcast-media/Software-Freedom-Law-Show_0x0C_Patently-False.ogg Bradley Kuhn and Karen Sandler discuss patents, software patents, and free software licences]
 
* [http://www.softwarefreedom.org/podcast-media/Software-Freedom-Law-Show_0x0C_Patently-False.ogg Bradley Kuhn and Karen Sandler discuss patents, software patents, and free software licences]
 
* [http://media.ffii.org/animation/How%20software%20patents%20work.ogg Video: How software patents work.ogg]
 
* [http://media.ffii.org/animation/How%20software%20patents%20work.ogg Video: How software patents work.ogg]
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* [http://peertopatent.tumblr.com/tutorials#patents Peer-to-patents tutorial list: Learn about patents]
  
  
 
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{{footer}}
 
[[Category:Understanding the patent system]]
 
[[Category:Understanding the patent system]]

Latest revision as of 06:01, 10 March 2014

A patent is a twenty-year long government-granted monopoly over the use of an idea. It's a right to exclude others from using the idea; not a right to use the idea. In software, these monopolies cause many problems. Ideas must meet certain criteria in order for a patent to be given.

To abolish software patents, a country can do either or both of the following:

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 might be possible to add this functionality to a car purely through changing the software of the car, but the idea is still not 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:

What is a patent?

Each patent is a list of ideas that you can't use. A lawyer describes the idea in a patent application and the patent office decides if it meets their three or four criteria. If the application is approved then it is illegal for anyone in that country to use that idea without the permission of the patent holder.

If the idea is a new way to manufacture cars or pharmaceuticals, this isn't a big problem because it only affects big companies with large financial and legal resources which allow them to do research to avoid infringements, to defend against accusations of infringements, and to pay the patent holder if needs be.

If the idea is a new way to use a personal computer or a new way to make a website, then these patents create big social problems because the affected people usually don't have the financial and legal resources to deal with patent infringements.

(See also: Why software is different)

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