| From Wikipedia: "The term patent usually refers to an exclusive right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof, and claims that right in a formal patent application. " In my opinion, the key part is the non-obvious part of "new, useful, and non-obvious"; the invention of a new medicine is usually non-obvious, but the invention of Amazon 1-click shopping is obvious (in hindsight). What is "non-obvious" ? If a single individual can come up with a similar solution (without access to the underlying research/data involved in the patent) in a short amount of time (a week, or at least in a DAY in the 1-click example) it does not represent a significant investment. There should also be a requirement that the idea is implemented to be able to sue others. You may stop others' implementation if you have a patent, but you should not be able to charge them for anything until you have implemented a working solution yourself (to avoid patent trolls). Or simply use the KISS principle and remove all software patents once and for all ! |