Software Is Complex

Typical software products violates hundreds of patents

Software is complex and typically violates hundreds of patents. Software patents are legal ambushes for creators. Infringement of a single one puts the investments in a software product in jeopardy.

What does the Business Software Alliance, sponsor of the failed EU software patent directive, say:

The current patent system, however, does not meet the needs of our information-based, 21st century economy:

  • Our patent system was not designed with an eye to the complexity of today’s inventions – particularly computer and software systems.
  • Stretched to the limit, patent examiners often issue overly-broad or poor quality patents.

Software Vs Pharma

Explain here the difference between those 2 industries. Writing software is becoming more risky then producing a medecine.

Patent Offices cannot search for prior art in source or binary code

The European Patent Office (EPO) recognises that it is impossible to search for prior art in software source code:

It is not the policy of the EPO to require or examine source codes […]. Moreover, given the length and complexity of source code listings, which can often stretch to hundreds of pages, it would be quite impossible to examine them.

Research in existing patents

http://flywheelblog.com/2008/09/to-patent-or-not-to-patent/

I’ve actually been counseled by our lawyer NOT to search pending and issued patents in our market because of fear of finding something and being at risk of willful infringement.

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