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Red Hat Urges USPTO To Deny Most Software Patents
Julie188 writes "The United States Patent and Trademark Office asked for public input on how it should use the Supreme Court's Bilski decision to guide it when granting new patents. Not surprisingly, Red Hat took them up on it. The USPTO should use Bilski and the fact that the machine transformation test is 'important' to Just Say No to most software patents, it advised. Rob Tiller, Red Hat's Vice President and Assistant General Counsel, IP, is hopeful that the patent office will listen and put an end to the crazy software patent situation that has turned patents into weapons that hinder innovation."
I'm sure that's what they will do. After all, they have a long history of putting the public ahead of big business and making sensible decisions.
The USPTO isn't going to change their policies to help one small company steal ideas from others.
That would be quite a feat, as stealing ideas is just not possible.
Indeed. It will instead maintain its policy that helps a small company steal an idea many large companies are already using and considered too obvious to protect, and register a patent on it in order to make money from lawsuits.
Name a single company that hasn't "stolen" an idea from someone else.
Look at the GUI. Originally invented by Xerox. Apple stole it out right and then tried to sue Microsoft and HP for using the idea. When Xerox tried to sue Apple the case was dismissed. Few ideas were as original and trans-formative as the GUI. Companies these days are getting patent protection for ideas that others came up with decades ago or for absolute garbage. I have yet to see a software patent that wasn't overly broad, vague and utterly worthless.
Name a single company that hasn't "stolen" an idea from someone else.
RedHat.
Might want to ease up on the flavor-aid. Patents are a tool of extortion so people can steal the inventions of others and have no useful purpose in a sane society.
I am a software author. Software patents interferes with my right to publish texts that i write myself.
)9TSS
That would be quite a feat, as stealing ideas is just not possible.
It is if I use my patented brain eraser on you!
libguestfs - tools for accessing and modifying virtual machine disk images
It's not "steal ideas", it's "copy ideas". And, as far as I am concerned, it is a Good Thing. I have also been told that patents were invented specifically to promote publishing ideas so that they might be copied. Skimming the article, I didn't see any place where someone is asking the USPTO to "help one small company steal ideas from others". In short, I don't know what you're talking about.
What I do know is that many small companies (as which I don't think Red Hat qualifies, by the way) fear software patents. Not because patents prevent them from "stealing ideas" or even copying ideas, but because, as the article puts it: "there are hundreds of thousands of software patents, with tens of thousand more granted each year. Many are so vague that it's impossible to ensure that a new piece of code doesn't infringe on one of them, somehow. This in turn places a big fat bullseye on the back of all software developers, as infringement lawsuits cost millions to defend, let alone actual damages or injunctions." If that sounds like software patents are a great tool for wealthy companies to discourage, slow down, halt, or even destroy competitors or would-be competitors, you've got the right idea.
Please correct me if I got my facts wrong.
If the inventions were so useful, patent trolls would spend money on factories that implement the ideas. The truth is they don't really know which inventions are useful. No one does, so no one reads those patents. Any useful stuff in there is independently reinvented, so those "inventors that do pure research and development" don't contribute anything -- implemented ideas would occur at the same pace without them.
To give a counter-example:
I just patented "Commenting in an online news aggregation website" - now do research and development on that. You can't in fact. You can't get around it. My code was protected WITHOUT the patent. In fact, allowing ideas to be free and watching people make their own code and their own implementation and twists on it is what increases research and development.
To give a good example of this - there are TONS of sorting algorithmns. If someone had patented "Using a computing device to sort a list" there would only be one.
Interestingly enough, the way patents work nowadays amongst large companies is "We won't tell if you don't"
Which means that Xerox won't sue apple because they'll counter-sue on X other patents.
Which also means that pa-and-ma's software development house can't raise its head high enough to avoid getting sued into oblivion.
And this is good for innovation :)
To quote from Isaac Newton:
Patents on ideas go against the most basic principles that brought the modern age to be.
Not necessarily, because if they implemented ideas, they would likely infringe on other people's patents.
For example, say you hold 3 patents. If you don't do anything and just wait for someone like IBM to infringe, you can sue them and get $$$.
However if you actually try to make something, you might infringe on one or more patents of the tens of thousands in IBM's patent portfolio. So you might have to cross license, maybe even pay IBM more than IBM pays you.
In which case you might not make as much money per capital invested for the risk you take.
So the patent system actually encourages many people/companies to try to patent a vague loose description of a useful idea and then just sit on it, rather than actually build stuff to help society.
And it also encourages the rest to patent lots of crap in defense against each other (doesn't work against the trolls). Not very good for innovation. And overall it just ends up being an unnecessary tax on society. Useless friction on the wheels of progress etc.
Ideas are easy. Many of us here can come up with lots of ideas. The difficulty is getting them done.
Plagiarism on the other hand is something different. So to me it's fine for you to copy someone, but you should not claim you are the first if you aren't - that would be lying (and if it's lying for gain it's fraud).
To me if you wanted to encourage innovation, you could have Prizes for Innovation. These would be judged in hindsight (hindsight is easier right?). You could have many different categories, and two classes of prizes - one judged by the Public and one by Experts in the Field.
So even if the expert snobs think your invention sucks, if the Public think your invention is good, you still could win a prize.
Yes it's not a billion dollar bonanza but neither are Nobel Prizes, and still many regard those as prestigious.
The End Software Patents campaign also submitted a brief, a little more specific:
http://news.swpat.org/2010/09/esp-to-uspto/
Expert in software patents or patent law? Contribute to the ESP wiki!
Done. http://www.openinventionnetwork.com/index.php
Sure, but I was more wondering if there was actually a fledgling business who tried to get off the ground, but was hit with a hard lawsuit. I'm not saying there isn't a problem here (I think there probably is), but I was just hoping for a solid, measurable basis for such fears.
I don't know about you specifically, but it can be kinda scary to give up the 9 to 5 and run a business full time. Fears that look big may turn out to be small or non-existent. That's why I'm curious about actually filed anti-competitive lawsuits.
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
To me if you wanted to encourage innovation, you could have Prizes for Innovation.
Yes it's not a billion dollar bonanza but neither are Nobel Prizes, and still many regard those as prestigious.
In France, we have subventions for innovation by an organization called Anvar.
You have to present your R&D advances, and if it's innovative enough, you'll get money to help you pay your development team (they'll pay you a percentage of your expenses for the R&D salaries).
Of course, all companies are taxed for this organization, but the money is redistributed to the innovative ones.
In my opinion, this is a better way to handle innovation than patents, since you can be paid around 2 years after having started...
Look at the GUI. Originally invented by Xerox. Apple stole it out right
Interesting definition of 'stole'. Most people regard 'exchanging for something else of value' as 'buying' or 'bartering'. Or are you forgetting the rather large set of Apple shares that Xerox got in exchange for allowing Apple people to look at ideas from PARC and commercialise them?
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Licenses don't have to be revocable, and that applies to software and patents. When Oracle acquired Sun, they didn't have a chance to make OpenOffice, Virtualbox, and OpenSolaris not available under the FOSS licenses they were previously released under, even though they were the sole copyright holders of at least some of those. If Google had used something OpenJDK based instead of Dalvik, then Oracle wouldn't be able to sue. I'm pretty sure the same thing applies to a license Sun granted for any JVM that follows the Java spec.
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