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Friday, October 31, 2008
 
Federal Court Srikes Down Software Patents
This is kind of a big deal, as several games and game technologies have had patents issues on them over the years.

Federal Circuit Decides Software No Longer Patentable

To be completely honest - while my name has been on some patent applications in the past with some former businesses - I actually don't think this is a bad thing, and I hope this decision holds up. The system has been horribly abused in recent years. Rather than protecting a small inventor from predatory, better-financed companies who could beat him (or her) to market, it has become used by those predatory companies as an offensive, anti-competitive weapon.

Update: As pointed out in the comments, this may not be the sweeping end-of-the-world-to-the-software-patent-industry destruction that several patent lawyers on some sites are making it out to be. Bummer. It's a bit more limited in scope, but still a pretty interesting change in how patent law gets applied to software.

Case in point, a couple of years ago several indie software developers (and bigger firms) were told that their Solitaire games on the computer infringed on some soon-to-expire computer Solitaire patent --- never mind a mountain of prior art that existed previous to the patent's issuance --- and that they all had to pay some hefty licensing fee to the legal office that had bought the patent. Somehow I don't think Microsoft paid up... (though they are one of the biggest offenders in building up a colossal stockpile of questionable patents).

I'm a diehard defender of software copyrights - naturally, since it is what feeds my children - but software patents are a whole 'nother can of worms.

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Comments:
I think it's possible that the article to which you linked may have exaggerated matters slightly. Looking instead at the Ars Technica account at http://arstechnica.com/news.ars/post/20081030-appeals-court-limits-software-business-method-patents.html provides what might be a slightly more even view of the subject. In particular, they note that "indeed, the Federal Circuit reiterated that some software and business method patents are valid", and that the particular patent examined here was more abstract than most software/business method patents. Note also, I suppose, that the case was specifically about business method patents, and not about software patents, although the two are linked.
 
What? A patent attorney overstating the case for something that might affect his livelihood? Nah, couldn't be!

Thanks for the additional link. I'd found three links on the subject, and they were all extremely brief and filled with hype.
 
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