The USPTO Would Like to Partner with the Software Community

But that's the opponents' point -- the values of such coefficients make excellent trade secrets, but the fact that you can, for instance, invert a matrix, is poor material for a patent.

Personally, I think the limits of software patents should be to precise algorithms. This ends up protecting the fruits of laborious research which have found optimal solutions (in an engineering sense) to things like cryptography, or graphics, or video compression. The disclosure of these algorithms would indeed advance research and the useful arts, and the disclosure would be advantageous. Most software patents, though, are "a system for clicking on a button, but INNA FONE!!!" type of nonsense where disclosure does absolutely nothing, anyway. So sure, such posers ought to be able to patent the exact algorithm they use to click their button, if they want, but NOT to patent the idea of clicking a button, which is in effect what we have now.

This separation goes pretty far towards the concerns the OP wrote down, and is, I think, pretty intuitive to most programmers. It is also the closest to copyright, but without requiring the legal jangle of "well, you used the variable i, but I used j, so therefore my code is different!!!1!one!!" kind of nonsense that pure copyright might result in. Patenting a precise series of disclosed algorithmic steps is helpful, and is a bright line for the patent office, and easy to adjudicate as well. Patenting the notion that you can transmit particular kinds of data over a network, or have certain programs talk to other programs, is where the PTO went off the rails.

The premise of the patent system is that people wouldn't naturally document a secret process and so providing an external incentive to do so is a net benefit. This is a superficial presumption at best...

Since research must be peer-reviewed to be debunked or even understood, there is a limit to the benefits of trade-secrets and NDAs as a hedge against competition. You might be able to get a short-term advantage, but it's unsustainable because the knowledge cannot transfer. An employer ties his/her own hands by internalizing process knowledge (ironically, not what was intended): the increasingly small number of people with the specialized knowledge having increasing leverage; the profits are destroyed when your only choice is to pay a small number of in-house experts whatever they want, because noone else can do the job. This doesn't happen overnight mind you, but it would after at most a single generation (the point at which you have to train your successors or close shop).

IMHO, the case for patents is hollow.

> "On the other hand, most people are not familiar with what is in the literature."

This is the larger friction. We will continue to grasp at straws until people have thorough and integrative education and access to existing techniques without exorbitant costs or fear of prosecution. Even major (though more frequently minor) improvements over existing techniques are only temporary wins; research that never becomes widely disseminated and understood ultimately becomes a sunk cost.

To refer to your original 3-points:

1) I totally agree, "computer technology is over-run with frivolous, vague, stupid, conflicting, and contradictory patents."

2) I do not discount the level of investment required to push the boundaries of process knowledge, but I would say that it is part of normal competition and those costs are part fo being in the game. A trade-secret is only valuable for a few years, after which it can and should be disclosed to maintain a low cost of employment (unless you want your employees becoming your partners). My point is that patents don't provide any significant benefit toward this end and it has always been the case that if a company or person doesn't have to reveal it's process, it won't. (And the employment of patent lawyers and trolls is not itself a valuable end.)

3) "Academia is already facing difficulties..." Again, I would say this is a temporary situation at worst. We should not extrapolate from the first few points on this curve. We know more about the context: companies that don't publish (internalize all their knowledge) will eventually have no ground to stand on since no one will be able to contribute without an understanding of their internal processes. At most a company can keep only as much knowledge as they can afford to convey, at their expense, to a new hire. They would have to turn their back on a lot of our publicly standardized and centralized educational framework. Unless something were to fundamentally change, I don't see any way those costs can be justified.

Santa Clara held a conference on potential solutions to the software patent problems a few months ago. The proposals ranged from abolishing "computational idea patents" (Stallman says even calling them software patents is flawed) to fee-shifting. It's pretty interesting if you have a few hours to spare.

The video feed is here: http://ammsweb.scu.edu/webcasts/mmedia1/20111014-083613-1e_o...

Wired op-ed series based on the conference presenters: http://www.reddit.com/r/IAmA/comments/14cb0c/im_snoop_lion_a...

>R&D into new computer algorithms is a non-trivial investment, frequently requiring years and millions of dollars. There is a tendency among programmers to discount the level of effort required to develop a new computer algorithm that materially extends the state-of-the-art even though most could not develop such algorithms themselves and have never been involved in such R&D. Organizations that make this investment do so looking for a return.

I don't think critics of software patents are in the practice of claiming that software R&D is always quick or inexpensive. Rather, the claim is that the patent system is demonstrably incapable of improving that situation, and in the meantime has spawned enormously wasteful multi-billion dollar litigation between otherwise upstanding major companies and struck fear into the hearts of small developers who can no longer produce a successful innovative product without risking a shakedown by despicable parasites.

Companies expecting a return have numerous other, less innovation-damaging alternatives to software patents. First to market advantage, copyright and trade secrets cover the field pretty well on their own, and no one can accuse any of those things of causing the average software entrepreneur to lose sleep over the prospect of totally unpredictable ruinous litigation.