software patents - Page number 4

Prolegomena to an evidence-based policy for software patents

The Hargreaves Report issued last month has some thought-provoking things to say about the problems of software patents, lengthy copyright terms, and other intellectual property issues. It doesn't propose complete solutions, but its approach seems directionally sound. Officially titled "Digital Opportunity: A Review of Intellectual Property and Growth," the Report was commissioned by the British government and addresses the UK's IP system, but much of its discussion of the economics of intellectual property applies to the US. » Read more

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Poll: Patents and innovation

Software patents

After you cast your vote, tell us what you think about the FTC weighing in on patent reform or if software patents are too abstract to patent. Comments welcome.

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The FTC weighs in on patent reform

Last month the Federal Trade Commission issued a report that acknowledged important problems in the U.S. Patent system as it affects software. The government doesn't do that every day, so that's good news. The FTC report also suggested some reforms that could mitigate some of those problems. » Read more

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Lessons learned from Groklaw: The power of collaboration

Like many, I was surprised-but-not-really when Pamela Jones announced that she would be retiring original content on the legal analysis site that grew to fame within and without the open source community as it rose to do battle with the incredibly audacious claims by The SCO Group that Linux was directly derived from UNIX. » Read more

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The threat of parallel filing

The threat from software patent trolls arises not from an invisible distant origin, but actually from within open source communities. So that's the best place to eradicate it. » Read more

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Myths and patent reform

Yesterday a patent reform bill passed in the Senate, but the sound and fury don't seem to signify much. The legislation as it evolved has shed most of the features that could have been controversial, or could have significantly improved the current patent system. The press around this legislation, and most recently the New York Times, continues to perpetuate ancient myths of innovation. » Read more

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A possible game changer for invalidating bad software patents

A case now before the Supreme Court could lower the threat level created by bad patents in a meaningful way. The issue before the Court is whether to change the burden of proof on patent invalidity from clear-and-convincing evidence to the preponderance standard. This change would be good for free and open source software. » Read more

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A hazy shade of value: Software patents just took a hit

Much of the problem with the current U.S. patent system involves haze. Whether it is ambiguity regarding what the patent covers or murkiness about whether the technology covered by the patent is actually new, patent plaintiffs regularly use this uncertainty to their advantage. This ambiguity–often planned–allows plaintiffs to leverage settlements against businesses that are forced » Read more

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Open*Law: 2010 in review

By nature of our interests and where open source commonly intersects the law, we post a lot about patents in the Law channel on opensource.com. And it's been an interesting year for patents.

In May, a verdict was delivered in favor of Red Hat and Novell in an infringement case based on bad software patents owned by "non-practicing entities." Rob Tiller's post on it, Total victory for open source software in a patent lawsuit, was the top article across opensource.com for the year. » Read more

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The Supreme Court takes a new case on the standard for invalidating patents

The U.S. Supreme Court recently agreed to hear an appeal regarding the evidentiary standard for invalidating patents. The case involves a judgment against Microsoft Corporation in favor of i4i Limited Partnership. If the Court accepts Microsoft's arguments, it could be good news for the FOSS community. » Read more

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