ESP Wiki is looking for moderators and active contributors!

Difference between revisions of "Software patents harm SMEs"

(Related pages on {{SITENAME}}: * Solidarity among campaigns against software patents‎)
m (rm navbox - not used anymore)
(11 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{navbox}}During the lobbying around the [[EU software patents directive]], representatives of small and medium enterprises were against [[software patents]].
+
During the lobbying around the [[EU software patents directive]], representatives of small and medium enterprises ('''SMEs''') were against [[software patents]].
  
 
==Reasons==
 
==Reasons==
  
* SMEs can't afford to get patents. (See: [[costs of patenting]])
+
The main problems are:
* The patent [[Incompatible timespans|grant process is too slow]].  SMEs have to get to profitability quickly to survive.
+
 
* SMEs can't afford to do patent searches to avoid patent risk.
+
* SMEs can't afford to do [[Cost of patent searches to avoid infringement|patent searches to avoid patent risk]].
 
* SMEs can't afford to [[Costs are astronomically disproportionate for SMEs and individuals|defend themselves against patent litigation]], even if they're sure the patent is invalid.  They can't even [[Insurance against patent litigation doesn't work|get insurance]] against the risk of unintentional patent infringement (insurance companies know when a risk is too big to take on).
 
* SMEs can't afford to [[Costs are astronomically disproportionate for SMEs and individuals|defend themselves against patent litigation]], even if they're sure the patent is invalid.  They can't even [[Insurance against patent litigation doesn't work|get insurance]] against the risk of unintentional patent infringement (insurance companies know when a risk is too big to take on).
 +
* SMEs are [[Blocks competing software, reducing choice|blocked from entering certain markets]]
 +
 +
There are other problems.  Sometimes these other problems are very real, but sometimes they're used by pro-software-patent campaigns in strange ways to distract politicians away from the main problems.  Focussing on these should be don with caution:
 +
 +
* SMEs can't afford to get patents. (See: [[Cost of getting patents and maintaining them]])
 
* The cost of enforcing their own patents might exceed the size of revenue they would be trying to protect.
 
* The cost of enforcing their own patents might exceed the size of revenue they would be trying to protect.
 +
* The patent [[Incompatible timespans|grant process is too slow]].  SMEs have to get to profitability quickly to survive.
 +
 +
==How important are SMEs?==
 +
 +
* According to European Business Summit, they provide 99% of European jobs!<ref>{{cite web|url=http://eureporter.co.uk/story/smes-engines-recovery|title=SMEs Engines for Recovery?|quote=providing an appropriate balance for a discussion of a sector that provides 99% of all of Europe’s jobs.}}</ref> (This sounds too high - other sources say 75%)
  
 
==Statements==
 
==Statements==
Line 28: Line 38:
 
* [[passive threats]] - a common way that SMEs are "targeted"
 
* [[passive threats]] - a common way that SMEs are "targeted"
 
* [[Who owns software patents]]? - it's not the SMEs
 
* [[Who owns software patents]]? - it's not the SMEs
 +
* [[Inequality between small and large patent holders‎]]
 
* [[Costs of patenting]]
 
* [[Costs of patenting]]
 
* [[Why companies apply for software patents]]
 
* [[Why companies apply for software patents]]
Line 40: Line 51:
 
* [http://271patent.blogspot.com/2010/09/bombshell-study-heavily-litigated-npe.html Bombshell Study: Heavily Litigated NPE Patents Overwhelmingly Lose at Trial], 22 Sep 2010, '''271 Patent Blog''' - of course, individuals and [[SME]]s can't afford to go to court
 
* [http://271patent.blogspot.com/2010/09/bombshell-study-heavily-litigated-npe.html Bombshell Study: Heavily Litigated NPE Patents Overwhelmingly Lose at Trial], 22 Sep 2010, '''271 Patent Blog''' - of course, individuals and [[SME]]s can't afford to go to court
 
* {{translate fr|url=http://web.archive.org/web/20000118163954/www.lmi.fr/src/lmi/article/articlel.nsf/article/4A50754E3732918CC12567A0004BBA95?OpenDocument|title=Small publishers worry about being choked by patents}}
 
* {{translate fr|url=http://web.archive.org/web/20000118163954/www.lmi.fr/src/lmi/article/articlel.nsf/article/4A50754E3732918CC12567A0004BBA95?OpenDocument|title=Small publishers worry about being choked by patents}}
 +
 +
==References==
 +
{{reflist}}
  
  
 
{{footer}}
 
{{footer}}
[[Category:Arguments]]
+
[[Category: Arguments]]

Revision as of 15:14, 16 September 2014

During the lobbying around the EU software patents directive, representatives of small and medium enterprises (SMEs) were against software patents.

Reasons

The main problems are:

There are other problems. Sometimes these other problems are very real, but sometimes they're used by pro-software-patent campaigns in strange ways to distract politicians away from the main problems. Focussing on these should be don with caution:

How important are SMEs?

  • According to European Business Summit, they provide 99% of European jobs![1] (This sounds too high - other sources say 75%)

Statements

Studies

(See other studies on economics and innovation)

Related pages on ESP Wiki

External links

References

  1. "SMEs Engines for Recovery?". http://eureporter.co.uk/story/smes-engines-recovery. "providing an appropriate balance for a discussion of a sector that provides 99% of all of Europe’s jobs."