|
Authored by: ScaredDeveloper on Thursday, October 11 2012 @ 02:33 PM EDT |
Writing software is like drafting an explicitly-detailed contract between the
programmer and the computer.
Does this mean that contracts should be patentable? Why should lawyers be
denied the ability to get a patent on a specific type of contract? Because a
contract is an abstract set of instructions to be performed by each party. It
should be protected by copyright, if anything (just like software).
Given your argument about patents on software being insanely long (20 years),
what would be more appropriate? 5 years? 3 years? I would argue that would be
more appropriate, if we don't abolish all software patents completely (which
would be preferable).
Your other argument about the abstractness of software patents is also valid -
most, if not all, software patents probably violate the enablement requirements
of a patent, since they often don't accurately describe what is necessary for
someone skilled in the art to recreate the invention. Pseudo-code or even a
known computer language would be a much better method of enablement. Since the
software patents already cover any possible implementation of the algorithm
(regardless of language, CPU type, etc.), it would be preferable to see the
source code of an implementation, rather than a legalese description.
As a software developer, I would not feel slighted if software were not
patentable - in fact, I would feel delighted! The existing patent minefields
make it almost impossible for any developer to write anything without violating
all kinds of patents (innocently - just in the process of writing an everyday
program). Since patents were never intended to apply to purely abstract
"ideas," they should not apply to software, which is a purely abstract
idea.
I intend to start filing some patents soon - and they might have software
components, but they will be mechanical and electrical in nature - the software
components will not be the core patentable aspect of the patents (since I don't
believe that software patents will be sticking around forever - they are
unconscionable).
[ Reply to This | Parent | # ]
|
|
|
|
|