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Correcting the Tech Patent Problem
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| When I talked to technology attorneys early
| this year regarding the patent system, most
| agreed that the system as it exists now is
| broken, but they all differed regarding how
| it should be fixed. Matthew Schantz, a
| partner in the Indianapolis-based law firm
| of Bingham McHale, told me in March that the
| U.S. Patent and Trademark Office is
| underfunded and understaffed. That's why the
| patent process takes so long and is often
| prohibitively expensive. On the other hand,
| Bruce Abramson sugggests neither copyright
| nor patent laws should apply to software,
| but that Congress should come up with a
| completely separate set of rights for
| intellectual property.
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http://www.itbusinessedge.com/cm/blogs/bentley/correcting-the-tech-patent-problem/?cs=37003
Down To Business: Tech Patents Revisited: Alternative Approaches
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| Furthermore, copyright protection "is
| available only for a particular expression
| of an idea, not for the idea itself"--not
| for procedures, methods of operation,
| concepts, and principles, the stuff of thin
| software and business process patents.
`----
http://www.informationweek.com/news/global-cio/legal/showArticle.jhtml?articleID=220900246
Recent:
FSF files brief in Bilski case calling on the Supreme Court to eliminate software patents
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| The Free Software Foundation (FSF) today submitted an amicus
| curiae brief calling on the Supreme Court to affirm that software
| ideas are not patentable. After outlining the positive impact that
| the free software movement and the GNU General Public License (GNU
| GPL) have had on computer use, the brief explains how software
| patents are an obstacle and a danger to software developers.
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http://www.fsf.org/news/bilski-supreme-court-brief
SFLC files Bilski brief: Software should not be patentable and don't forget the 1st Amendment
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| The Software Freedom Law Center has now filed its brief in Bilski.
| You can read it online here, as well as download it as a PDF or as
| Postscript. It raises three major points: 1) software is just
| algorithms for computers in human readable terms, and algorithms
| are not patentable; 2) excluding software from patentable subject
| matter encourages innovation in software; and 3) the First
| Amendment prohibits permitting the patenting of abstract ideas. I
| think you'll find that last point the most interesting.
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http://www.groklaw.net/article.php?story=20091002213301495
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