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Story: Software patents need shelter from the storm

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Posted by: Anonymous (Friday 19 September 2003, 6:32 PM)

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I am greatly troubled by two things.

Firstly, I thought a patent had to very specific and detailed, not merely just a general or generic idea. In other words, in respect of 'online sales' it would apply to methods and technologies actually developed, software actually written, ...... and, once again, not merely an outline 'idea' of online sales.

Some 65 to 75 years ago, my father held patents on a monorail train system well in advance of its time. Unfortunately he could not keep up the cost of maintaining the patents. He was required to have detailed drawings, specifications, models and a full desciption of the patentable ideas. He was certainly not free to patent an generalised concept of monorail. His patent application was scrupulously scrutinised before being granted.

Secondly, I have some difficulty in understanding why it is OK to create a software patent for an 'idea' only for the sake of profit when it is not OK to invest in domain names (Cybersquatting) in the hope of future profits when selling them on when the domain name becomes desirable and of value. Of these two, I find Cybersquatting less objectionable in that a legitimate business risk is being taken and there are plenty of precedents in the financial world.

In conclusion, it seems to me to say that patenting of an 'idea' is acceptable and that investing in domain names is unacceptable is wholly illogical.

Notwithstanding all this, the American approach to patents will surely seriously handicap small and medium businesses, healthy competition and
software inovation whilst playing into the hands of big business.

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