I put my reply below your post so as to avoid having to quote the whole thing.
Charles -----Original Message----- From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf Of McKown, John Sent: Wednesday, December 13, 2006 2:20 PM To: [email protected] Subject: Re: IBM sues maker of Intel-based Mainframe clones And that is what makes software patents so frustrating. How do I, as a programmer, know if some code sequence that I just wrote from my own head, violates a patent? From what I have been told, it is impossible to know because only a patent attorney is qualified to make that call. And if I look at what is patented and come to the conclusion that I don't violate a patent, but I actually do, then I face a much greater liability for infringing the patent than I would if I didn't even bother to look. ------------------------------------------------------- Charles's reply: I hear you. All I can say is that what you say is equally true if you substitute "gizmo that I just constructed" for "code sequence that I just wrote" -- and patents (for gizmos) are considered by many to be a cornerstone of our system of rewarding inventors for their creativity. And I think this goes to the heart of the matter. I know this is unpopular with this group, but I don't think we should throw out software patents. I would ask: How come you think if someone invents something made out of brass gears s/he should be entitled to patent protection, but not if s/he invents something made out of computer software? Are there flaws in the process? You bet. I would say they are: - Lack of openness that would invite "prior art" from the public into the PTO's process, especially from interested parties. - Lack of sufficient software expertise in the PTO. - Duration too long. Think about it. 28 years used to be a reasonable amount of time. It's not any more. That's more than the time from the first IBM PC until now! Would your attitude toward software patents soften if all, or all "hi-tech" (defined somehow), patents had a duration of, perhaps, FIVE years? I say we should not throw out the baby of software patents with the bath water of protection for inventors -- of any type. Two more things: 1. Disclaimer: I'm not totally disinterested. I have a software patent pending. 2. If you think the PTO will let you patent anything at all with no serious examination, I can tell you from personal experience that it ain't so. Charles ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
