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| Authored by: Anonymous on Monday, June 11 2012 @ 07:33 PM EDT |
But how does that help?
1) Only a minute fraction of the existing art in software is
expressed in software patents. Searching existing patents
even with code attached will miss 99.99% of existing art in
the public domain, so it isn't going to solve the root
problem with software patents, which is the that the art in
the public domain is not available for searching, and what
is available is so heavily abstracted that to check prior
art as required to evaluate patentability requirements
before granting a patent requires a search and reverse
engineering effort well in excess of the effort required to
develop the idea being patented in the first place.
2) If you look at software patents granted to date, you will
realise two things
a) patent claims are deliberately abstracted from code for
the specific reason - in order to facilitate trolling. How
are you going to stop this happening without major changes
to patent law?
b) that software patents cover ideas not the code. All
attaching code does is to demonstrate that the entity is in
theory at least, a practising entity. It still does not
remove the abstraction of the code from the idea, nor does
it allow searching of the vast amount of prior art in the
public domain without a massive reverse engineering effort
by the patent office.
c) if you are talking about searching code attached to
patents rather than the idea, against for example code in
the public domain, then what you have implemented is a
copyright checking system - which is already in existence
and is not the responsibility of the patent office.
As I said, it is total la-la land to allow patenting of
subject matter that the patent office cannot verify (due to
the immense difficulty of doing so) that the idea is not in
the public domain before granting a 20 year monopoly on the
idea.
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Monday, June 11 2012 @ 08:30 PM EDT |
I don't think it would help to include source code. It is all to easy to
obfuscate the code. Much easier than doing the same thing with patent
description and claims. [ Reply to This | Parent | # ]
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| Authored by: jesse on Tuesday, June 12 2012 @ 08:29 PM EDT |
| There is nothing else there. [ Reply to This | Parent | # ]
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