From the Editors: Congress needs to act on patents



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May 1, 2009 —  (Page 1 of 2)
Patents were created to give inventors a way to control how their ideas are implemented, and to ensure they get whatever credit and financial windfalls come of them. In the software world, however, things seem to have gotten a bit twisted. Too often, companies and individuals are using those same patents to litigate, punish and beat down competition.

While the behavior of these “patent trolls” cannot be justified, they alone are not to blame for the mess that is software patents. Much of the blame lies squarely with the U.S. Patent and Trademark Office, so the news in this issue (“Fixing the software patent process,” page 1) that the USPTO is tightening up its patent process is welcome indeed.

The problem starts with the sheer number of patents granted for software inventions each year. IBM alone boasted it garnered more than 4,000 patents in 2008, the 16th year in a row it led the U.S. in patents. Despite the USPTO saying a mathematical formula in and of itself cannot be patented, that same formula can be patented if it is defined as a process or tied to some computer-readable media (machine). So someone might have written an algorithm, but if someone else connects the algorithm to a machine, the second party can gain a patent. This, of course, opens the door to lawsuits and countersuits, none of which are productive for anyone except, of course, the lawyers who take on those cases.

Several recent court cases have affected how the USPTO looks at patents, as they seem to set legal boundaries regarding what is patentable. More is needed. Congress needs to take on patent reform and set specific criteria for patents. The idea of granting stronger patents to inventors willing to go through a more rigorous review process is a good one, and one we support.

Further, the USPTO needs to employ more individuals with science and math backgrounds so they can make distinctions between what is truly innovative and what is merely something obvious presented in a different way. Too many patents continue to be granted because of a lack of understanding about what is being implemented.



Related Search Term(s): databases, patents

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05/04/2009 10:06:07 AM EST

"Much of the blame lies squarely with the U.S. Patent and Trademark Office, so the news in this issue (“Fixing the software patent process,” page 1) that the USPTO is tightening up its patent process is welcome indeed." Speak with any patent attorney and he'll tell you otherwise. The patent issue rate is at an all time low many fields. Poor management at the PTO has exacerbated the problem. Rather than encourage innovation they are discouraging it. We can innovate our way out of these troubling economic times the banking and oil robber barons have gotten us into, but we need a competent and independent PTO who is not a rubber stamp for policy instituted by large multinationals throwing around slush fund money. patent reform is a fraud on America... please see http://truereform.piausa.org/ for a different/opposing view on patent reform

staff


05/04/2009 11:05:36 AM EST

>>> " the sheer number of patents granted for software inventions each year" Computers, software, and the Internet are clearly the future in progress - just as the steam engine, automobile, and jet engine was in decades/centuries past. So one would expect the bulk of investment in innovation occur here at the forefront. >>> "We can all rattle off the names of the database leaders, starting with the big three: IBM, Microsoft and Oracle, and continuing to players like Ingres, MySQL, PostgreSQL, Sybase and many others" The products by those companies were not completely invented in-house. Non-trivial amounts of the technology in those products were brought in from external innovations - including acquiring small companies. Clearly IBM, Microsoft and Oracle are continually acquiring companies. If there products are better it is partly due to outside innovators - often smaller then they themselves.

sg


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