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The Supreme Court Should Invalidate Software Patents

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Re: The Supreme Court Should Invalidate Software Patents

#5
I think that it will be very difficult to have serious patent reform for the software industry without having significant effects on other industries. So while it seems like the software industry is generally behind getting rid of patents, the changes will be very difficult to isolate to software and companies outside the field will likely oppose any significant changes. FWIW, I hope they make significant changes for software patents soon.

Re: The Supreme Court Should Invalidate Software Patents

#6
Why does it have to be the supreme court? Why can't the industry tell Congress "This sucks, fix it", the way the military did with Don't ask, don't tell?

VCs just aren't as good at that whole "leadership" thing as much as generals I guess? (yes, I'm trying to goad someone to action.)

Re: The Supreme Court Should Invalidate Software Patents

#7

I think that it will be very difficult to have serious patent reform for the software industry without having significant effects on other industries. So while it seems like the software industry is generally behind getting rid of patents, the changes will be very difficult to isolate to software and companies outside the field will likely oppose any significant changes. FWIW, I hope they make significant changes for…

Can you speculate some companies who would take issue to the abolishment of software patents?

Re: The Supreme Court Should Invalidate Software Patents

#8

I think that it will be very difficult to have serious patent reform for the software industry without having significant effects on other industries. So while it seems like the software industry is generally behind getting rid of patents, the changes will be very difficult to isolate to software and companies outside the field will likely oppose any significant changes. FWIW, I hope they make significant changes for…

Can you speculate some companies who would take issue to the abolishment of software patents?

I would imagine it would be anyone, or industry, who has a significant patent portfolio who worries that invalidating software patents would weaken their patent position.

Both in dollar terms and legal terms.

Re: The Supreme Court Should Invalidate Software Patents

#10
post #3

Software patents are a policy issue, not a constitutional question. This needs to get fixed in Congress.

The Supreme Court's rule against software patents was a matter of statutory interpretation, not constitutional law. And software patents were created by a lower court (the Federal Circuit) in the first place, so it would be perfectly appropriate for a higher court to reverse their error.

I'd love to see Congress fix the problem, but there'd be nothing improper about the courts doing it.

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