Mark Lemley

Closing the software patent loophole: Professor Lemley's new proposal

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There's an old saying that everyone complains about the weather, but no one does anything about it. The open source community maintains an active voice of indignation when it comes to the harms flowing from bad software patents. So it's worth noting when a leading patent law scholar proposes a potential solution to the software patent problem, as Mark Lemley recently did in a new paper entitled "Software Patents and the Return of Functional Claiming." » Read more

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Speaking of software patents

The software patent debate sometimes seems awfully one-sided. Passionate opponents carefully explain that software patents hinder innovation and supporters of the status quo ignore their arguments. Meanwhile, vast sums of money that could be used for innovation are diverted by patent lawsuits of competitors seeking to block other competitors and of non-practicing entities exploiting the system. The open source community generally gets this, but much of the citizenry has no inkling that there's even a controversy. » Read more

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