|Authored by: Anonymous on Thursday, February 14 2013 @ 12:22 PM EST|
But at least it would be less expensive then a discovery phase where
everything (including stuff not actually relative to the claims in the lawsuit)
I still vote for applying the Law as it currently
First: recognize software is abstract and won't ever be anything
Second: apply the rule that abstract concepts - like language and
communication - are not patentable subject matter
Third: Have the USPTO
examine every patent granted in the last 25 years, if it's a software patent,
invalidate it. If the patent holder insists it's not a software patent, demand
a blueprint for the physical chip that is being claimed. If said blueprint does
not appear, invalidate the patent.
Case closed on software patents. Of
course, if Congress merely brought back the rule that a prototype of the
physical invention must be provided for the patent office to examine (and take
photos of for future comparison for infringement claims purposes) that would
also destroy software patents. Of course, it'd destroy a lot of other patents
too - like business method patents. Oh how I wish the USPTO examiners could
Please point to the physical embodiment of your invention...
sorry, no physical embodiment = no patent!
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