Jim Crafton wrote:
I have no doubt that there are some decent patents that deserve protection.
There are very few "software only" patents that I've seen that I could agree with. However, I have written software that is part of a patent, but there is hardware that goes along with it. I worry the patent office would have trouble differentiating.
Jim Crafton wrote:
Why can't we just void the extreme cases? Or maybe there's no way to differentiate?
That's just it, the patent office got so overrun with patents that they threw up their hands and said, "fine, just pass it and let it be fought out in court if it shouldn't be patentable." They are understaffed, especially with experts in the field. Unfortunately now, the very threat of patent lawsuits is enough to shut companies down, mostly startups. Add to that, is the fact that patents should not be about what the end result is, i.e. paying for something online. But the patent trolls threaten everyone if they think some software does what their software does; they don't know (or care) if it uses the same mechanism defined in the patent, and I doubt very much many judges could tell anyway. There are some esoteric software patents that may be valid, but it has gotten so out of control that I wouldn't actually mind dumping all pure software patents and not allowing any more. We already have copyright law to protect us from the real threat, IMHO.