The problem with software patents
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- Meghan Edwards
- 6 years ago
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1 The problem with software patents
2 Software Patents Volume & Inability to Properly Review and Identify Prior Art Quality & Numbers Utility/Necessity, Pace of Change & Period of Protection Anti-Innovation Agenda & Software Patents Trolls and beyond Prior Art FOSS Developer/CS v. EE Culture Utility of Code as Art Codification Culture OIN A Prescription to Community Non-Aggression Defensive Publications as Software Patent Antidote
3 Realities that Shape Context
4 Utility & Protection Period Questions Judge who shelved Apple trial says patent system out of sync By Dan Levine CHICAGO Thu Jul 5, :42am EDT (Reuters) - The U.S. judge who tossed out one of the biggest court cases in Apple Inc's (AAPL.O) smartphone technology battle is questioning whether patents should cover software or most other industries at all. Richard Posner, a prolific jurist who sits on the 7th U.S. Circuit Court of Appeals in Chicago, told Reuters this week that the technology industry's high profits and volatility made patent litigation attractive for companies looking to wound competitors.
5 Anti-Innovation Agenda
6 Anti-Innovation Agenda FTC to Sue Google Over Standard Essential Patent Abuse Thursday 11/1/2012, 5:14 PM by Eric M. Zeman updated Thursday, 7:04 PM U.S. Federal Trade Commission staffers have recommended that the agency's commissioners sue Google over its abuse of standard essential patents. The FTC staffers believe Google and its subsidiary Motorola have violated antitrust laws by attempting to prevent competitors (specifically, Apple and Microsoft) from accessing essential patents. Patents that are deemed standard essential must be licensed at a fair, reasonable, and non-discriminatory (or FRAND) rate. Motorola has asked Apple and Microsoft to license its patents at the rate of 2.25% of the retail price of the applicable devices. For many devices, which would cost about $15 per phone. The FTC has been investigating the issue since June, after reviewing formal complaints from Apple and Microsoft. The European Commission is also investigating Motorola's standards essential patent licensing practices. A formal announcement of the FTC suit against Google is likely to be announced after the general election scheduled for November 6.
7 Problems Require Prescriptions.
8 OIN Prescription Creating Parallelism Between Technology & Patent Collaboration FOSS Technology Development Community (Linux and Other Projects) Parallel Community Commitments to Technology Development & Patent Non-Aggression OIN Cross-Licensing Community (500+ Linux and Other FOSS Participant Companies)
9 OIN Mission Summary Open Invention Network s Role Guardian & Enabler Open Invention Network Industrial Firms Committed to FOSS and Linux Utilizing Capital to: Purchase Patents that Uniquely Enable Linux Providing Royalty Free License to ALL Creating a Cross License of Patents Related to the Linux System Among ALL Licensees Requiring Forbearance of Litigation in areas related to the Linux System by All Licensees
10 Linux System as Central to Model Linux System Definition 2005 Linux System Definition Expands to Accommodate Migration of Linux and Broaden the Scope of Patent Non-Aggression
11 Cloud Linux System Defines Non-Aggression Scope Data Automotive IT/Enterprise EXPANSION Mobility / Tablet /Embedded Consumer Virtualization Middleware Home Linux System Definition Tracks Linux Growth 11
12 Prescription for FOSS & Beyond Prior Art FOSS Developer/CS v. EE Culture Utility of Software Code as Prior Art Codification Culture Software Patent Antidote Defensive Publications (i.e. statements of prior art that aid the PTO in rejecting software patent applications and raising the bar on patent quality)
13 Thank You!
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