[Fsfe-ie] Two recent reasonably balanced and informative articles on software patents.
Joseph Kiniry
kiniry at acm.org
Thu May 5 11:15:40 CEST 2005
Hi all,
Two more articles in 4 May's ACM TechNews discuss software patents.
Begin forwarded message:
> From: TechNews <technews at HQ.ACM.ORG>
> Date: 4 May, 2005 19:44:52 GMT+01:00
> To: TECHNEWS at LISTSERV.ACM.ORG
> Subject: ACM TechNews - Wednesday, May 4, 2005
>
> Read the TechNews Online at: http://www.acm.org/technews/
> Current Issue: http://www.acm.org/technews/current/homepage.html
> ACM TechNews
> May 4, 2005
>
> Dear ACM TechNews Subscriber:
>
> Welcome to the May 4, 2005 edition of ACM TechNews, providing timely
> information for IT professionals three times a week. For
> instructions on how to unsubscribe from this service, please see
> below.
>
...snip...
> "Patent Litigation Worries Tech Industry"
>
> Government and tech industry representatives urged legislators to
> institute patent system reforms at a recent hearing of the Senate
> Judiciary Committee's Intellectual Property subcommittee. Reforms are
> needed as a way to rein in "patent trolls" that obtain patent rights
> and sue other ...
Summary at
http://www.acm.org/technews/articles/2005-7/0504w.html#item5
full article at
http://www.newsfactor.com/story.xhtml?story_id=0030000026MU
This article focuses on recent testimony before the Senate Judiciary
Committee's Intellectual Property subcommittee by many parties.
An interesting bit from the USPTO Director:
> "Today," Dudas told senators, "economic success depends increasingly
> on intangible, information-based assets, such as the creativity of
> employees and the knowledge gained from research. As a result
> intellectual property-based industries such as biotechnology and
> entertainment now represent the largest single sector of the U.S.
> economy. In fact, IP industries export more American value to the
> world than the automobile, automobile parts, agricultural, and
> aircraft industries combined."
I was somewhat encouraged by David Simon's testimony (!). He is the
chief patent counsel of the BSA:
> "Too many of these (patent litigation lawsuits) are filed in search of
> a quick buck through settlement negotiations, rather than a party
> legitimately asserting a right, because the infringer is interfering
> with commercial objectives," Simon said.
>
> He suggested to help reduce patent litigation disruptions, Congress
> should not allow the imposition of triple punitive damages -- which
> current law permits -- unless there is evidence of willful
> infringement. Congress also should make sure the courts assess damages
> based only on the value of the patented component, not the whole
> product -- "the cup holder and not the car," he said.
Another interesting article is the following:
> "Patents: Cuffing Innovation?"
>
> Forrester Research consultant Navi Radjou says patents are a critical
> incentive for technological advancement, but acknowledges that they
> can also impede innovation if they stifle the creativity of others;
> defining an invention's patentability is therefore a major challenge.
> Though patents ...
Summary at
http://www.acm.org/technews/articles/2005-7/0504w.html#item17
full article at
http://www.elecdesign.com/Articles/ArticleID/10192/10192.html
Some interesting bits:
> But a survey sponsored by the Lemelson-MIT Program found that most
> filed patents have little commercial value. (The Lemelson-MIT Program,
> which began in 1994, was established to raise the stature of inventors
> and to inspire invention and innovation among young people.)
>
> For instance, patents filed by European researchers have increased 10%
> per year since the late 1990s. Yet less than 10% of those patents have
> commercial importance, and less than 1% have seminal importance.
This is a fairly balanced and reasonably well-informed article, with
discussions about problems with the USPTO, patent trolls,
cross-licensing, quotes from the president of the IEEE-USA, and the
inverse relationship between the health of the technology sector and
the willingness to litigate over patents.
Joe
---
Joseph R. Kiniry
Dept. of Computer Science, University College Dublin
http://secure.ucd.ie/
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