[nobody3141]

That software patents don't work can be shown from the simple fact that no software "inventor" tries to sell his patented idea to a big company.

If I invent intermittent windscreen wipers for cars then it's worthless to me unless I also intend to make cars and without a patent I can't try and sell my invention to a car company because they can simply copy it. When have you heard of an inventor with a software patent selling that idea to a large software company?

[bostonpete]

I think SW patents are largely broken, but not for the reason you cite. In the past few years, I've interviewed a number of SW candidates who own their own patents and expressed interest in selling them to whichever company ended up hiring them. This struck me as a smart way for candidates to increase their value to potential employers, many of which have been trying to beef up their patent portfolio in recent years...

[nobody3141]

I have a list of patents I have 'invented' and were filed by previous employers and this has got me jobs - but on the basis that I 'understand about patents', not because they specifically wanted them (since I don't own them)

The problem with filing the patents personally is that it's expensive to do and astronomically expensive to defend them. That's the real problem with patents today - they have become a May Day parade of tanks used to impress the enemy with how powerful you are.

[bostonpete]

> The problem with filing the patents personally is that it's expensive to do

You can get a patent for under $1000 and that patent is likely to be worth significantly more to a company whose looking to build their portfolio for defensive measures.

> and astronomically expensive to defend them

Agreed, but I'm sure these individuals had no intention of defending their patents. Unlike trademarks, patents don't become invalidated if the owners fail to go after infringers.

> they have become a May Day parade of tanks used to impress > the enemy with how powerful you are.

I think an arms race is a better analogy than a parade. Most (though not all) companies pursue patents because they feel they need to in order to avoid annihilation -- not because they want to show off.

[nobody3141]

Filing a patent just to have a patent is a few $100 - even less if you only file provisionally and hope the new employer doesn't understand the difference!

But if you want a patent to be of value, then it needs professional drafting and filing in multiple countries with specialist lawyers who understand for instance why Taiwan is different. That and translation and renewal fees costs $10-100K

[bostonpete]

Having a US-only patent does have value even if a corporation would often want to expand its scope after acquiring the patent.

Regardless, the objections you're raising now aren't specific to software patents. Your initial comment was that software patents are different from hardware patents because individuals don't try to sell them to companies. Individuals can (and do) acquire patents and make money by selling them to companies.