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| Authored by: Anonymous on Sunday, January 06 2013 @ 09:58 AM EST |
Storing the software "models" is not a problem, The problem then comes
down to it working.
I see no problem in a working "model" for software being required
along with the patent application (source, and possibly binary), but that the
working environment of the software needs to be provided by the patent holder.
If the model stored by the USPTO laters fails to work, the patent would then be
automatically invalidated from the point at which it was last known to work (if
never tested since application, then the patent effectively becomes never
issued.
With the speed of development in the IT world where 5 years can be a lifetime
(literally), having 17 years protection of an invention would require that the
supplied model works for those 17 years. Upon failure, it is clear that the
monopoly granted was not a short time and should definitely be cut short.
Of course, patent holders could have their USPTO held models tested for working
by paying a fee, but if the model then fails, that is the end of the patent at
the point of it last known to be working (as it can't be established when during
the intervening period it ceased to work).[ Reply to This | Parent | # ]
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