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by hexagonc
5251 days ago
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Inventing hard things is hard, but copying other people's inventions is significantly easier Copying is only easier if you can reverse-engineer what they did. Sometimes, just seeing the invention brought to fruition provides enough clues for any skilled tradesman to reproduce the parts that are unrevealed. Well if that's true, then the patent should not have been granted in the first place, like you said! Remember, ideas by themselves aren't supposed to be patentable, only implementations of ideas. You see, the patent doesn't become violated just by writing or communicating about it. The violation occurs when you build something that really starts doing what the patents describes. The problem with software patents are precisely how fuzzy this distinction can become. Software is special precisely because it is so general and flexible. Take the 'one-click' patent that you cited above. Suppose web browsers were built with macros so that you could script them to automatically verify shipping address and payment info upon clicking "buy" and confirm the order. To the end-user, this would be functionally equivalent to the "one-click". Should this macro behavior be blocked? What if an e-commerce site distributes a script for implementing one-click functionality that can be installed by customers? Would this violate the patent? I'm not sure. |
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Sure, you can't always copy something just by inspecting it. For example, if I invent a way to laminate baseball cards extremely well, you're not going to be able to inspect the laminated card and figure out how I did it, all you're going to see is that it's a really great lamination. And this is where the other aspect of patenting comes into play. If I never tell anyone how I did it, and I die, then my invention is lost. But if I patent it, then I've publicly documented for the world what my invention is, and anyone that wants to use it can license it from me (and, eventually, it will pass into public domain). So basically, the patent system works quite well for physical products or processes.
But, as you say, when you're talking about software patents (or really, business method patents in general), everything becomes really fuzzy. What's the difference between a business method and an idea? Why is one patentable and the other isn't? The more I think about this sort of thing, the more I'm convinced that all software patents should be invalid, period. If I write an instruction manual, I can't patent that. Copyright is what covers me there. So if I write instructions for the computer (i.e. software), why is that suddenly patentable? The fact that all software patents need to describe a computer executing the operations (which is what turns it from an idea into a patentable process) just shows how absurd the whole idea is.