I've said before that the idea of patenting software is... ahem... patently absurd to me. It's copyrighted material, so you can't just copy/paste source code. It's created quicky, used briefly, and it's garbage. Its lifetime is too short to bother with patent applications or litigation, in my opinion.
Apparently the patent office has recently made a decision to almost
wipe out all software patents if they are purely software running on generic computers. The most obvious impact of this is invalidating Google's patent on PageRank technology (which is what makes their search engine work). This might not sit well with many patent believers, but I say this is fantastic news.
There is a note in the document that I find important, and happen to agree with:
"The apparent death of
Google's pioneering PageRank patent under the PTO's new rule for
patentable subject matter may be a cause for celebration among those
who are philosophically opposed to property rights in innovation and
are eager to confine the patent system's ambit." - my emphasis
I think there are too many patents on unpatentable things today, frankly. The idea that companies can be sued for e-mailing receipts or for storing
wish lists in a database is absurd. It's like trying to patent "driving a nail with a hammer". It's rediculous. These are not "inventions", these are combinations of tools from a toolbox to solve a problem. These are solutions easily created from scratch as needed by any competent programmer. The idea that when I'm presented with a technical requirement that I have to search for obscure patents on each little innovation I make before I can write the code to do it is flatly counter to the purported reason for patents to exist at all.
A patent is a form of goverment
welfare in the economic definition of the word. The government has, by fiat (and constitutionally), created an exclusive right to sell some product if it is patented. They have created a property and a means to defend that property that does not really exist otherwise. But the purpose of this is to encourage innovation by guaranteeing enough time for an innovation to show a return on investment. But... if I can't write new software to enable my company to be competitive in the marketplace for fear of stepping on some unknown patent on some obscure idea, I will stop coding. The general welfare supposedly improved by patents will in fact suffer instead. Innovation in software is already slipping. Why would I bother pounding out a new website and starting the next Google if I can't be sure what is or isn't patented and I can't afford to find out?
This is why I'm opposed to software patents and patents on "processes" entirely. It's so low level or so broad as to stifle the very innovation it is supposed to be supporting. (I should note that a patent on a physical machine, or a drug, something that can be purchased and easily reverse engineered by a copy-cat, that I support. The original meaning of patent is still valid, in my view. Software is different. I consider it more like music. You don't patent a song or a chord and prevent everyone from using that chord in any future song without paying a license.)
I haven't had a problem making a living being the one guy in the room that can "invent" something new on demand to solve a problem. I've contributed hugely to the welfare of Canada, the US, and the world by boosting the efficiency of the companies I've worked for. Patents would get me nothing more. But patents could also cause me to be unable to do any useful work. That is not their purpose. And this is why I support the elimination of software patents altogether. Bravo!
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