[smeatish]

Rather than abolish software patents, I'd like to see better precedents be set. A software patent should be held to the same fundamental tests (non-obvious, novel, unique) but the bar should be much higher for software because the domain is so fast changing. Many software patents seem very obviously superseded by prior art to anyone in the domain.

I would also love a fourth fundamental test to be added - cost of development. The fundamental purpose of patents is to encourage innovation by allowing investments in developing new technology to be recouped. Devising and implementing a one click shopping system is not a substantial investment.

Unfortunately measuring the "cost" of development gets very complicated and subjective very quickly - accounting for money spent on failed attempts, human capital invested, opportunity cost, etc. Amazon could claim their whole development team was trying to think of innovations and one click shopping was the culmination of all of their efforts.

[prodigal_erik]

This. If licensing your patent costs more than having each participant in the industry independently recreate the invention, your patent served only as a tax on the industry rather than a contribution.