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Are most software patents complete b******s?

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    KJ44KJ44 Posts: 38,093
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    pfgpowell wrote: »
    I'm sure I must have the wrong end of the stick on this one because if someone comes up with a program to do something in a certain way and wants to market it, surely taking out a patent on it is the obvious thing to do? Otherwise if it's any good, everyone would simply use it for nowt. A bit like coming up with new kind of tool or a new drug.

    But that point seems to obvious to me, that I'm sure I've missed something. Can someone enlighten me?

    As with all these things, it depends, but software patents can easily fall foul of these rules:

    http://en.wikipedia.org/wiki/Patentable_subject_matter

    European Patent Convention[edit]
    The European Patent Convention does not provide any positive guidance on what should be considered an invention for the purposes of patent law. However, it provides in Article 52(2) EPC a non-exhaustive list of what are not to be regarded as inventions, and therefore not patentable subject matter:

    The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
    (a) discoveries, scientific theories and mathematical methods;
    (b) aesthetic creations;
    (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
    (d) presentations of information
    .

    To make money off software, copyright is one way to go.
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    TheTruth1983TheTruth1983 Posts: 13,462
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    The whole idea of intellectual property is complete bollocks
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    psionicpsionic Posts: 20,188
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    The whole idea of intellectual property is complete bollocks

    So do you think anyone should be able to copy anything they want without restriction?
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    GetFrodoGetFrodo Posts: 1,805
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    KJ44 wrote: »
    European Patent Convention[edit]
    The European Patent Convention does not provide any positive guidance on what should be considered an invention for the purposes of patent law. However, it provides in Article 52(2) EPC a non-exhaustive list of what are not to be regarded as inventions, and therefore not patentable subject matter:

    The following in particular shall not be regarded as inventions within the meaning of paragraph 1:
    (a) discoveries, scientific theories and mathematical methods;
    (b) aesthetic creations;
    (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
    (d) presentations of information
    .

    To make money off software, copyright is one way to go.

    You missed off a very important part of the law:

    "Article 52(3) EPC then qualifies Art. 52(2) EPC by stating:

    The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such."

    i.e. not everything that relates to a computer program is excluded from patentability.
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    alanwarwicalanwarwic Posts: 28,396
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    In the past it was a material product that was the intent.

    These days, a few simple lines of code are that material product, thus we now have patent 'land grabs'. Not needing any expensive product, just a few minutes thought, everyone can join the race to section off innovation. You don't even have to write the code for that

    Interestingly that anti patent reform group that encompasses both Apple and Microsoft is called the "Partnership for American Innovation"
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    KJ44KJ44 Posts: 38,093
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    GetFrodo wrote: »
    You missed off a very important part of the law:

    "Article 52(3) EPC then qualifies Art. 52(2) EPC by stating:

    The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such."

    i.e. not everything that relates to a computer program is excluded from patentability.

    Good point.
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    GneissGneiss Posts: 14,555
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    TheBigM wrote: »
    The problem is not patents as a concept but in execution things are being given patents that are too generic to be given patents for.
    Those that are get successfully challenged all the time....
    TheBigM wrote: »
    E.g. the technology MS developed in getting translation of movements in the kinect to near instant speed should be patentable IMO but the general concept of motion tracking should not be patentable.
    That would depend on whether it would be seen as "obvious" to anyone else working in that particular field, if it is then the patent should not be granted as that is one of the criteria for declining it. Indeed it's the grounds on which many successful challenges are granted...
    TheBigM wrote: »
    Conceptually, property rights as a reward for undertaking the cost of risky R&D (i.e. patents) are very important. Problem in that china doesn't respect them.
    China doesn't have to respect them, UK and US patents have absolutely no meaning in China they are only valid in those countries/areas for which they are granted.
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    alanwarwicalanwarwic Posts: 28,396
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    Microsoft rewords the smartwatch, patents much of it and calls it a 'Personal Information System'.
    http://www.patentbolt.com/2014/05/microsoft-reveals-future-smartwatch-dock-in-new-patent.html

    "Software Patents Are Bullshit"
    http://techcrunch.com/2014/03/08/software-patents-are-bullshit/
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    alanwarwicalanwarwic Posts: 28,396
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    http://mobile.eweek.com/developer/how-java-api-legal-ruling-could-change-coding-forever.html

    This looks Armageddon for many a developer.
    I can't help but think that any Word compatible alternative is now illegal in the US.
    In that word documents use loads of code to define the output. Without emulation you cannot make word compatible software.

    And I'm sure even OS/X and WIndows would only be legal via cross licensing !
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    alanwarwicalanwarwic Posts: 28,396
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    "And I'm not just talking about the most egregious patent trolls. The patents themselves are crap, because the Patent and Trademark Office isn't seriously able to say no to them."

    http://www.businessinsider.in/A-Conversation-With-Linus-Torvalds-Who-Built-The-Worlds-Most-Robust-Operating-System-And-Gave-It-Away-For-Free/articleshow/36215352.cms

    Torvalds as usual, telling it like it is .

    "And companies actually prefer vague and over-broad patents that are hard to judge, because then you can try to apply them in wildly inappropriate situations, and it's not like the threat is the patent itself - it's the litigation."

    "It's all bullsh-t, sane people know it's bullsh-t, but making real change is difficult. Politically, the US patent system also tends to help US companies, because once you get into a court of law, it's not about the law any more (and it's certainly not about the patent, which is crap and which neither the judge, the lawyers, nor the jury will understand anyway), and it's much easier to sell as an "us vs. them" story."

    For the life of me, I can't quite think who he is mainly aiming at.
    :rolleyes:
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    alanwarwicalanwarwic Posts: 28,396
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    Another one, going for the concept before anyone else does.

    http://arstechnica.com/gadgets/2014/07/airbus-submits-patent-application-for-windowless-jet-cockpit
    AIrcraft currently have windows so Airbus want the patent for 'windowless cockpit'.

    Like many others it seems to go after a 'land grab'.
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    alanwarwicalanwarwic Posts: 28,396
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    Seems China are now playing the strange software patent system game.

    http://www.theregister.co.uk/2014/07/09/apple_siri_patent_case_china/
    Apple no doubt will have to cough up the cash or mute Siri, at least in China.
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    starry_runestarry_rune Posts: 9,006
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    If one company had patented spreadsheets, we would not have Microsoft Office, Open Office, Star Office, Coral Office, and Lotus all doing them
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    alanwarwicalanwarwic Posts: 28,396
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    Seems we now have a 'Stupid Patent of the Month' bloggy thing.

    This one sums up most of them in that so many take a basic everyday action and patent it because they want the patent for it to be 'done by a computer'.
    https://www.eff.org/deeplinks/2014/07/inaugural-stupid-patent-month
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    alanwarwicalanwarwic Posts: 28,396
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    http://www.vox.com/2014/9/12/6138483/software-patents-are-crumbling-thanks-to-the-supreme-court

    Seems that some of the "...but do it on a computer" patents are being invalidated.
    " Software patent holders will know that if they take a case to trial, there's a high probability that their patent will be destroyed "

    I'm not so sure about that. This is a drop in the ocean of likely 100s of thousands of 'do it on a computer' patents out there.
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    alanwarwicalanwarwic Posts: 28,396
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    http://www.bbc.co.uk/news/uk-england-kent-36148093

    This is not patent related but trademark protection.
    Considering Instagram is a take on the suffix gram, considering there are loads and loads of words already using it, I really do fail to see how Gram can be owned by the Instagram people.

    Both Insta and Litter are the main nouns, and obviously quite different. Curiously, it is Insta that seems to adulterate the standard usage of Gram.
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    StigStig Posts: 12,446
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    alanwarwick is still talking to himself after 2 years.
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