Software patents going to the SCOTUS

[chronodekar]

Originally posted by: Cogman
Ok, so he keeps his mouth shut about his idea, saves up for 3 years, THEN applies for a patent and we see where it goes from there. Heck, even if he applies for the patent, can't produce it, and waits for 3 years the patent is in public domain, chances are, nobody is using it.

My point, is that the current 15 year time period for a patent worked for the past 100+ years and we really shouldn't change it without a DETAILED discussion.

Also, I heard from somewhere that the current law was modified so that, when you apply for a patent, you aren't granted it until some 6+ months pass. During that time period, you must publicly state (in some manner) or advertise your patent. This gives time for others to read on it (and possibly protest against it). It's the reason why we see "patent-pending" on many products.

-cd

 

[EagleKeeper]

Originally posted by: BoberFett

Originally posted by: Common Courtesy

Originally posted by: SunnyD

Originally posted by: PhatoseAlpha
Er....so, you guys don't want patents, you don't want licensing, you want reverse engineering.....
how exactly are we supposed to make a living?

By being innovative and reliable. Same reasons why people buy name brands instead of generics, and same reasons why a brand becomes a name brand.

This country (for those in the US) wasn't founded on patents and litigation (oh the irony).

People are free to build from our innovations.

Howver, when it is our personal property; we deserved to be compensated for it if you make $$ from it.

Since when is an idea property?

All physical patents evolve from ideas.

 

[BoberFett]

Originally posted by: Common Courtesy

Originally posted by: BoberFett
Since when is an idea property?

All physical patents evolve from ideas.

The specific physical item is patented. Not the idea behind the item.

Software and business method patents are not patents of implementations, i.e. an item, but of ideas which are not patentable.

 

[EagleKeeper]

Originally posted by: BoberFett

Originally posted by: Common Courtesy

Originally posted by: BoberFett
Since when is an idea property?

All physical patents evolve from ideas.

The specific physical item is patented. Not the idea behind the item.

Software and business method patents are not patents of implementations, i.e. an item, but of ideas which are not patentable.

Understand - but how would you protect such intellectual property - similar to copyrights?

 

[DaveSimmons]

How about with copyrights? Your source code is your implementation and your implementation is protected from copying.

You can copyright your GIF and JPEG encoding library but not the ideas of palettes or LZW compression.

 

[PhatoseAlpha]

Of course, if we're also allowing for a free for all on reverse engineering, then you can expect your libraries to be decompiled and cloned the moment they look like they might make any money.

 

[BoberFett]

Originally posted by: PhatoseAlpha
Of course, if we're also allowing for a free for all on reverse engineering, then you can expect your libraries to be decompiled and cloned the moment they look like they might make any money.

You think the big boys don't do that already? Software patents protect Microsoft and Oracle. They do not protect you.