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Would You Quit Over Patents?
PatentThis asks: "Like a large part of the Slashdot community, I have a problem with software patents. However, I work at a company where they are the norm, and are a major indicator of our performance. So far (over the past 18 months), I've managed to avoid patent work, but that will probably have to change this year. It's an otherwise great job, and I don't look forward to going back on the job market. Do you feel strongly enough about the patent war to give up your job? Should I try to obtain Conscientious Objector status?"
Reword every patent application so that the first letter of every sentence reads T H I S I S A B O G U S P A T E N T I R E A D H O W T O D O T H I S O N T H E W W W. That way, you get rewarded for your work, and in the unlikely event of it ever getting to court, your employer will be a laughing stock. Then you quit (and/or are fired).
... is simply: If I don't do this, will someone else do it?
Many crimes have happened because of this way of thinking. The right thing to do is say "no", and if someone else does it, at least you won't have to sleep with it hammering your conscience.
Exactly what is your objection to software patents based on?
I object to our current implementation of software patents. I think they stifle real innovation more than they promote it. The problem is in the patent system, in two areas: A) you cannot possibly know if what you're doing is already patented without an unreasonable amount of research due to huge numbers of broad, vague patents, which you cannot tell without taking them to court if they'll apply to you or not; B) Many of them last too long for the fast pace of the software world.
Yet I work for a company that generates a lot of software patents. I don't think what we do is evil. We are investing a lot of money in R&D, and inventing things, and I don't think it's bad for us to want to reap our profits from that work. We're making tons of money doing our own legitimate business, not trying to sue other companies. That's exactly what patents *should* do.
So what's your objection? Do you object to the very idea of software patents? Don't quit your job. That won't do anything to end software patents. It'll just cause a minor rearrangement in who ends up patenting what. Instead, get involved in patent reform.
On the other hand, if your company is one of the evil ones generating patents to try to milk money from other companies, quit. Not because they want you to work on patents, but because your company's business is evil.
First, it's great fun. Inventing is cathartic.
Second, patents look great on your resume.
Third, you can keep your job. No big anyway, because now your resume has patents on it.
Fourth, you get a lot of exposure to the intellectual property legal system.
It's time to get over the whole "software patents suck thing:" they already exist, they already affect you, and your failure to patent something doesn't mean someone else won't try to patent it.
In a war, you have to shoot people because they are shooting at you. If you don't kill them, they will kill you. This software patent thing is a war. You enlisted when you took a computer job. So what if you've been in the rear echelon since basic training. Every Marine a rifleman, every coder an inventor.
Hooah
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I can tell you what I did.
At one time I was in a similar situation as you. My boss told me that we were expected to generate a certain number of patents a year. Now, I am against software patents mainly because I see software as speech. A patent not only stops me from copying something that someone else has done, but it stops me from expressing the same thought. This makes my job considerably more difficult.
But, sotware patents exist today. Wishing they would go away won't solve the problem. I explained to my management that I was unable to positively contribute to the creation of patents. I explained my reasoning and told them that I didn't expect them to agree with me, but only to respect my wishes. In return I offered to do due dilligence for any patent application that the group produced. In other words I would look for problems in the application and look for prior art. I would do all the "boring" work that nobody else wanted to do.
I explained to them that I would be very motivated in my work and that I would save them money by helping them avoid patent applications that were sure to fail. Additionally, any patent applications that went through would be much stronger.
They were happy with this compromise, and I felt that I could live with this role. As it turned out, I found prior art for every single patent idea that the group turned out, so I did a very good job. In addition, because I didn't want to get caught having to sign on as a patent inventor myself, I took great pains to write code that was either non-novel (i.e. the technique was already proven to work), or obvious. This improved my programming ability greatly since I learned what others were doing rather than living in my own little world.
Hope that helps...