Prior art won't solve the software patent problem (NewsForge)
Posted Sep 22, 2006 18:29 UTC (Fri) by nim-nim
In reply to: Prior art won't solve the software patent problem (NewsForge)
Parent article: Prior art won't solve the software patent problem (NewsForge)
> If you were to take a careful look at existing software patents, you
> would very likely find that patent lawyers have been doing such
> "dressing up" for quite some time.
Which is exactly why accepting to fight on the patent lawyers field is ultimately a doomed endeavour. A clear "this is not patentable" order patent lawyers can not contest before judges is what's needed, not something they can wiggle out of because they know the rules better than your average judge or software person.
> Be careful. It is a real world out there. Don't try to program it like
> you would a computer.
And how would you qualify software people that think with their feeble grasp of current IP law they'll be better able to make use of a prior art database than the patent sharks out there?
Sure they can build it. Just like an engineer can design a better gun than the model current swat team use. Does it mean that once the better gun is built and on the market the engineer has a fighting chance against swat people?
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