And it hasn't been easy to convince Judges (and impossible to convince some
Patent Lawyers) that software is nothing but abstract concepts applied to a
device created to handle those concepts.
You know.... like using your
calculator to calculate the measurements of a particular triangle.
As
hard a battle as that is, trying to take on all patents - including those
applied against specific physical devices - is probably pretty near
impossible.
And by that I mean: the Law can be reasonably read today to
make* software non-patentable subject matter.
But the Law is not
reasonably read to make all subject matter not patent-eligible.
Very
different wars!
* I say "make" because earlier on when we (the people
actually coding) where busy creating things, certain Patent Lawyers managed to
convince the Patent System that software is patent eligible subject matter.....
convinced without our input into the matter.
Thomas Jefferson: Eternal
vigilance is the price of liberty.
We were not very vigilant - we the
experts of the software field. And many other experts of their associating
fields likely weren't any more vigilant and so lost things they previously had
available - like genetic examination.
It takes all of us focused on
battling our unique areas of expertise to stem the tide of what certain Patent
Lawyers would like done.
And you're suggesting instead of just fighting
to stem the tide that we don't just push it back, but stop it
completely.
When the War is being so fiercely fought, the only thing one
can do is aim for the smaller - yet significant - wins with a hope that
everything will work out in the end.
RAS[ Reply to This | Parent | # ]
|