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Interview: Ciaran O'Riordan of End Software Patents

Interview: Ciaran O'Riordan of End Software Patents

Posted Mar 12, 2009 9:25 UTC (Thu) by michaeljt (subscriber, #39183)
Parent article: Interview: Ciaran O'Riordan of End Software Patents

I know that it is a bit of a different track, but wouldn't an easier track to getting an existing patent disqualified by prior art (I understand that this is currently phenomenally expensive) also do a lot to solve the software patent problem? There never seems to be a lack of prior art for problematic software patents.


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No, invalidating specific software patents doesn't solve the problem

Posted Mar 12, 2009 14:28 UTC (Thu) by dwheeler (guest, #1216) [Link]

No, invalidating specific software patents doesn't solve the real problem. Patents have been invalidated in areas where there is little controversy that patents apply, and the patent system continues to exist. Indeed, the patent system presumes occasional invalidation; there's even a process for it.

Invalidating specific software patents is a good thing to do, and in some cases is absolutely necessary, until software patents are finally expunged.

Such a case could be used to open the wider debate. The one used to do so should be so egregious that even non-technical judges can understand the problem, though; if there are too many technical details, the details could be easily used by a pro-patent lawyer to hide the real issues. For software patents to be eliminated, the judges will have to clearly understand the issues.

And they can be reinstated

Posted Mar 12, 2009 19:22 UTC (Thu) by man_ls (guest, #15091) [Link]

Not to mention that invalidated patents can be reinstated if the holder bribes greases the patent system.


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