Until the patent office can figure out how to judge real innovation and
uniqueness in a software patent it should stop issuing any. They should
also declare that existing software patents are suspect and set a very
high burden of proof for any to retain their legitimacy. The patent
office and/or courts could then invalidate 99+% of all existing software
patents.
Whether there are any sufficiently innovating and unique items to
deserve a patent in this area is an open question. However, the vast
majority of software patents that come up in lawsuits, etc, are broad,
non-nonsensical land grabs of vast conceptual spaces without any
evidence of originality of thought. These should clearly be invalidated.
--
Jess Holle
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