Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired) [LWN.net]

Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)

Posted Nov 20, 2012 22:49 UTC (Tue) by dlang (✭ supporter ✭, #313)
In reply to: Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired) by SecretEuroPatentAgentMan
Parent article: Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)

> That is a rather sweeping statement. Does your experience include cell phone technologies?

Yes, it includes software used on cell phones.

Note that I am talking about SOFTWARE related patents here. Patents on the hardware (including the chips) are a different ball game.

> I was told the US moved to "first inventor to file" which is different from "first to file".

in the case of multiple independent inventors, not really.

>> And the sheer cost of defending against a patent infringement suit can be crippling

> You can get insurance for such cases.

not really, to get the insurance, the insurance company needs to understand what risk they are taking on. That would require an extensive (and very expensive) patent search.

Show me one case where someone has been protected by this 'patent insurance'

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Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)

Posted Nov 22, 2012 22:00 UTC (Thu) by SecretEuroPatentAgentMan (guest, #66656) [Link]

[about reading patents]
>> That is a rather sweeping statement. Does your experience include cell phone technologies?

> Yes, it includes software used on cell phones.

Well, I have only had a few clients in cell phone technologies so I am not making wide claims here. These companies take a dim view on "IPR bigamy" (other companies don't have such limitations).

> Note that I am talking about SOFTWARE related patents here. Patents on the hardware (including the chips) are a different ball game.

I was referring to software (and firmware, some differentiate between software and firmware).

>> You can get insurance for such cases.

> not really, to get the insurance, the insurance company needs to understand what risk they are taking on. That would require an extensive (and very expensive) patent search.

A Google search for "IPR insurance" gives more than 1 million hits. And the insurance company will make a risk assessment.

> Show me one case where someone has been protected by this 'patent insurance'

One of my clients with such an insurance has been able to take on several large opponents in infringement cases so I know these work. Since settlements are out of court and secret and since I prefer not to use this forum to advertise my services (and risk engrumpening the Editor) I hope you understand my reluctance to be specific here.