Prior art won't solve the software patent problem (NewsForge) [LWN.net]

Prior art won't solve the software patent problem (NewsForge)

Posted Sep 22, 2006 18:29 UTC (Fri) by nim-nim (subscriber, #34454)
In reply to: Prior art won't solve the software patent problem (NewsForge) by PaulMcKenney
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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Prior art won't solve the software patent problem (NewsForge)

Posted Sep 22, 2006 19:10 UTC (Fri) by PaulMcKenney (subscriber, #9624) [Link]

Let's just say that I have learned some hard lessons over the past 3.5 years that have caused me to greatly increase my estimate of what lawyers (including patent lawyers) are able to wiggle out of -- and into, for that matter. And please do read #4,135,240 for an example of the wiggling possible. Your comments lead me to believe that you have not yet done so, or perhaps have not yet thought carefully about the implications.

Your swat-team metaphor applies to patent reform just as surely as it does to things like prior-art databases. In both cases, even the best of intentions do not necessarily lead to good results.

And refusing to countenance short-term action against patents will mean that your patent sharks will continue accumulating money with which to fight patent reform. If you don't like prior-art databases, fine and well. But tell us what short-term measures we should be using instead -- and why. The long-term strategies you are advocating simply cannot succeed without short-term action.

Paul E. McKenney (my opinions, not necessarily those of my employer)