"Software patents" refer to legal protection granted to inventors or companies for their software-based inventions. It enables them to exclusively own the rights to their innovative software products or features for a specific period of time.
Full definition
Some companies, anxious to enact further reform limiting the proliferation
of software patent lawsuits, are lobbying for further legislative reform as well.
We're also meeting with tech companies to hear their thoughts on the current
software patent system, and we will include those views in our paper.
We still need fundamental changes to the patent system to deal with the flood of low
quality software patents and the explosion of patent trolling.
As a subset of software development, AI patents are likely to raise many of the same problems
as software patents generally.
The rise in such
broad software patents created an environment ripe for patent trolling to surge in popularity.
Roughly two - thirds of all suits are
over software patents, but experts warn that the life sciences are not immune.
In order to understand why
software patents don't make sense, you have to understand a little bit about the patent system.
But in my view it's also essential for the nation's leading online civil liberties organization to clearly say that the best reform would be to
eliminate software patents entirely.
One may prefer to crack one nut at a time and do away with business method patents first, then deal with
other software patents.
But such limited disclosure in
software patents makes understanding exactly what the invention is quite difficult in some cases.
Patent trolls and large corporations repeatedly abuse
software patents through frivolous litigation and licensing schemes.
This has allowed even small companies to fight back against patent trolls wielding
weak software patents.
Of course, it's a little more complicated than simply banning every
single software patent that already exists.
They
say software patents do just what patents were designed to do — encourage innovation and the free flow of information while protecting the inventor's rights over the product.
Many of our team members are
software patent attorneys and understand the complex patent issues implicated by some open source licenses.
If trolls don't face consequences for asserting
invalid software patents, then they will continue to shake down productive companies.
Too often,
software patents apply broadly to all possible approaches to a problem, rather than to a specific solution.
We're encouraged to see such a lively conversation happening
around software patents, especially one with so many viewpoints represented.
Specifically, it has provided a valuable tool for getting abstract
software patents thrown out early in litigation.
Individuals can sign on in support or leave comments with their own ideas for fixing the problems
behind software patents.
More contentious, however, is the case
of software patents, applied on computer programs, libraries, and algorithms.
These trolls have a weapon of choice: overly
broad software patents — many of which shouldn't have been granted in the first place.
Minecraft creator Markus Persson, aka Notch, and entrepreneur and Dallas Mavericks owner Mark Cuban have donated $ 500,000 to the EFF
for software patent reform.