Software Patents: Current Challenges and Future Solutions

Monica Goyal

doi:10.22215/timreview503

Abstract

IntroductionWe have lost sight of the true meaning and purpose of patents. Patents were created in order to encourage innovation, not kill it. They were meant to protect the inventor, not further strengthen those with power. Patents have instead been used for years now in the software industry as a blunt weapon to suppress innovation, kill competition, and generate undeserved

Highlights

We have lost sight of the true meaning and purpose of patents
Software patents for years have been used in the software industry to suppress innovation, kill competition, and generate undeserved royalties
This article considers whether software patents maintain the right “bargain between the inventor and the public” where, in exchange for disclosure of the invention to the public, the inventor receives a limited monopoly and the exclusive right to exploit the invention

Summary

Introduction

We have lost sight of the true meaning and purpose of patents. Patents were created in order to encourage innovation, not kill it. Without the possibility of patent protection, people would not take the risk of time and money to create new products. A survey of 1332 early-stage technology companies found that only 24% of software startups filed a patent (Graham et al, 2009; http://tinyurl.com/m9x65h). A reason for awarding patents and the ensuing monopoly is that “without the possibility of patent protection, many people might not take the risk of investing the time or money necessary to create or perfect new products,” as stated in the Canadian Intellectual Property Office’s “A Guide to Patents” (http://tinyurl.com/ bty9vn). Lack of patent protection has not impeded Facebook from operating and being successful in these countries Another example can be seen in the mobile app space, where a developer can create an iPhone app that becomes available for download anywhere in the world through Apple’s App Store. This section examines four possible solutions to remedy the problems with software patents by analyzing the strengths and challenges of each

Make it less expensive

Make it harder to patent

Make it easier to invalidate patents

Decrease patent lifetimes

Findings

Conclusion