Want a software patent? Write some code

 

EFF proposes troll-slaying patent reform.

Reform may be on the horizon for software patents in the United States as lobby groups seek to tighten up the criteria for successful applications.

Software patents are aimed at promoting research and development, but the process of registering and protecting patents have become embroiled in controversy over the last decade.

At the heart of the matter are so-called "patent trolls" that do not create products or services, but claim to own the right to the intellectual property behind them in order to sue companies for millions of dollars or force them to take up licensing and royalty deals.

Enforcing patents in general is big business currently. A Boston University study found that US "patent trolls" ended up costing American businesses US$29 billion in 2011.

Even Google, which has so far been reluctant to use patent litigation as weapon has now filed an infringement complaint against UK's BT in a California court.

Seeking an end to patent trolling, online civil liberties lobby group the Electronic Frontier Foundation has made a recommendation to the United States Patent and Trademarks Office (USPTO) that applicants should submit working code with applications.

If that's not possible, line-by-line notes that explain how the code works should accompany patent applications, the EFF recommends. 

If a patent is granted, the EFF says it should be limited to the invention claimed.

The importance of tightening up the criteria for successful patent applications are underscored by new research from the Brookings Institute.

After steadily increasing since the 1980s when the IT industry took off, patent applications are now at record levels, matching the amounts recorded during the Industrial Revolution era.

However, while most of the Industrial Era inventors were blue collar workers, Brookings notes that complex technology is driving applications from people in science, hi-tech, engineering and mathematics fields.

Likewise, Brookings says that eight of the top ten companies granted US patents are in the IT sector, with IBM having the most at 41,560 or 5.3 percent of the total. Microsoft is number two on the list, with most of its patents concerning software.

Australia has allowed software to be patented since 1991. The country looks set to keep it that way despite efforts to exclude software from the patents system.

Copyright © iTnews.com.au . All rights reserved.


Want a software patent? Write some code
Sony optical communications glasses patent drawing.
 
 
 
Top Stories
Frugality as a service: the Amazon story
Behind the scenes, Amazon Web Services is one lean machine.
 
Negotiating with the cloud email megavendors
[Blog post] Lessons from Woolworths’ mammoth migration.
 
Qld govt to move up to 149k staff onto Office 365
Australia's largest deployment, outside of the universities.
 
 
Sony optical communications glasses patent drawing.
Sign up to receive iTnews email bulletins
   FOLLOW US...

Latest VideosSee all videos »

The great data centre opportunity on Australia's doorstep
The great data centre opportunity on Australia's doorstep
Scott Noteboom, CEO of LitBit speaking at The Australian Data Centre Strategy Summit 2014 in the Gold Coast, Queensland, Australia. http://bit.ly/1qpxVfV Scott Noteboom is a data centre engineer who led builds for Apple and Yahoo in the earliest days of the cloud, and who now eyes Asia as the next big opportunity. Read more: http://www.itnews.com.au/News/372482,how-do-we-serve-three-billion-new-internet-users.aspx#ixzz2yNLmMG5C
Interview: Karl Maftoum, CIO, ACMA
Interview: Karl Maftoum, CIO, ACMA
To COTS or not to COTS? iTnews asks Karl Maftoum, CIO of the ACMA, at the CIO Strategy Summit.
Susan Sly: What is the Role of the CIO?
Susan Sly: What is the Role of the CIO?
AEMO chief information officer Susan Sly calls for more collaboration among Australia's technology leaders at the CIO Strategy Summit.
Meet the 2014 Finance CIO of the Year
Meet the 2014 Finance CIO of the Year
Credit Union Australia's David Gee awarded Finance CIO of the Year at the iTnews Benchmark Awards.
Meet the 2014 Retail CIO of the Year
Meet the 2014 Retail CIO of the Year
Damon Rees named Retail CIO of the Year at the iTnews Benchmark Awards for his work at Woolworths.
Robyn Elliott named the 2014 Utilities CIO of the Year
Robyn Elliott named the 2014 Utilities CIO of the Year
Acting Foxtel CIO David Marks accepts an iTnews Benchmark Award on behalf of Robyn Elliott.
Meet the 2014 Industrial CIO of the Year
Meet the 2014 Industrial CIO of the Year
Sanjay Mehta named Industrial CIO of the Year at the iTnews Benchmark Awards for his work at ConocoPhillips.
Meet the 2014 Healthcare CIO of the Year
Meet the 2014 Healthcare CIO of the Year
Greg Wells named Healthcare CIO of the Year at the iTnews Benchmark Awards for his work at NSW Health.
Meet the 2014 Education CIO of the Year
Meet the 2014 Education CIO of the Year
William Confalonieri named Healthcare CIO of the Year at the iTnews Benchmark Awards for his work at Deakin University.
Meet the 2014 Government CIO of the Year
Meet the 2014 Government CIO of the Year
David Johnson named Government CIO of the Year at the iTnews Benchmark Awards for his work at the Queensland Police Service.
Q and A: Coalition Broadband Policy
Q and A: Coalition Broadband Policy
Malcolm Turnbull and Tony Abbott discuss the Coalition's broadband policy with the press.
AFP scalps hacker 'leader' inside Australia's IT ranks.
AFP scalps hacker 'leader' inside Australia's IT ranks.
The Australian Federal Police have arrested a Sydney-based IT security professional for hacking a government website.
NBN Petition Delivered To Turnbull's Office
NBN Petition Delivered To Turnbull's Office
UTS CIO: IT teams of the future
UTS CIO: IT teams of the future
UTS CIO Chrissy Burns talks data.
New UTS Building: the IT within
New UTS Building: the IT within
The IT behind tomorrow's universities.
iTnews' NBN Panel
iTnews' NBN Panel
Is your enterprise NBN-ready?
Introducing iTnews Labs
Introducing iTnews Labs
See a timelapse of the iTnews labs being unboxed, set up and switched on! iTnews will produce independent testing of the latest enterprise software to hit the market after installing a purpose-built test lab in Sydney. Watch the installation of two DL380p servers, two HP StoreVirtual 4330 storage arrays and two HP ProCurve 2920 switches.
The True Cost of BYOD
The True Cost of BYOD
iTnews' Brett Winterford gives attendees of the first 'Touch Tomorrow' event in Brisbane a brief look at his research into enterprise mobility. What are the use cases and how can they be quantified? What price should you expect to pay for securing mobile access to corporate applications? What's coming around the corner?
Ghost clouds
Ghost clouds
ACMA chair Chris Chapman says there is uncertainty over whether certain classes of cloud service providers are caught by regulations.
Was the Snowden leak inevitable?
Was the Snowden leak inevitable?
Privacy experts David Vaile (UNSW Cyberspace Law and Policy Centre) and Craig Scroggie (CEO, NextDC) claim they were not surprised by the Snowden leaks about the NSA's PRISM program.
Latest articles on BIT Latest Articles from BIT
Another phone with Telstra's Blue Tick: The Samsung Galaxy S5
Apr 8, 2014
Samsung's latest flagship phone joins Telstra's list of recommended handsets for customers in ...
Run an online shop? This might be worth bookmarking
Mar 28, 2014
Things like Australian safety standards are probably the last thing on your mind, but just ...
Vodafone switches on 4G in Tasmania: list of locations
Mar 28, 2014
See a list of locations in Tasmania that now have access to 4G via Vodafone's network.
Samsung Galaxy S5 on sale from Telstra next month for $912
Mar 27, 2014
It's not cheap, but if you are looking to upgrade your phone then the Samsung Galaxy S5 could be ...
What Australian workplaces actually rely on tablet computers?
Mar 14, 2014
If you're curious about where tablets are being used at work, here are three examples.
Latest Comments
Polls
Which bank is most likely to suffer an RBS-style meltdown?





   |   View results
ANZ
  20%
 
Bankwest
  9%
 
CommBank
  11%
 
National Australia Bank
  17%
 
Suncorp
  24%
 
Westpac
  19%
TOTAL VOTES: 1422

Vote