Ridiculous Software Patents: a Developer's Nemesis

StormDriver writes "Have you ever thought about patenting a pop up note, an online poll, a leaderboard in an online game, or a system where you open apps by clicking icons? I have some bad news for you – it's impossible. Not because the claim is stupid, it's just that all of those things are already patented. And it's all fun and factoids, until one day you find yourself in the role of a software start-up."

Comments

So don't worry about it

[Rogerborg]

Ask a lawyer if you should pay a lawyer to do something for you, and what do you think the answer will be?

Be smart, just get on with it. Axiomatically, you'll only become a target for a lawsuit when you're already successful. You can pay a lawyer then, if you like.

Or alternatively, pay an accountant. Set the company up so all the liabilities are here and all the assets are there. Ignore patent trolls, ignore any court judgements, and if and when anyone with a badge does ever come to collect, point them at the Pile-O'-Debt and tell them to knock themselves out.

This isn't theoretical - I've already been though a few employers who were set up in exactly that way. One of them simply 'phoenixed' the liable part of the business overnight: rename it, put it into administration, start a new business with the old business' name, and "re-hire" all the employees. Only the company number changed. Apparently perfectly legal stuff, at least in the UK.

Re:So don't worry about it

[Riceballsan]

Already succesful and fully profitable are 2 completely seperate things. It isn't unheard of for a software package to pick up enough of a following to draw the guns before making enough to simply pay off the authors past due mortgage payments, and even profitable dosn't mean a lawyer is going to do you much good. Lets say somehow microsoft had a patent for something blatently obvious that was used in a game that say made 100k in a year, after expenses cost of living etc, this start up has 25k left to pay a lawyer to deffend himself, from microsofts 2.5 million they decided would be worth investing into eliminating a threat before it was big enough to fight back.

This is right.

[kurt555gs]

I date back to Z80 Assembly as the preferred programming method. I had developed some very interesting and unique things. I never thought of patenting them, and I shared them on bulletin boards and in print with joy.

Now, with my many years of experience, because big business has laid lawyer minefields with software patents, I don't even think of publishing my own programs. When I do work, it's as a contract consultant to a giant company (who also has me tied up in 2" of contracts that I can never work for anyone else)

I'm thinking my next venture will be a hot dog stand. A good hat dog is as illusive as it is tasty.

Software patents serve no one but giant companies, and only to stifle innovation. Exactly the opposite of their stated purpose.