Software patents are too slow

Slow granting process

Software is a fast business whereas the patent system is very slow. Examination takes 4-5 years, if not more. Once granted, patents exclude competition for 20 years. This is in total contradiction to software development.

The Industry Standards 25-08-2008

The four-year process wasn't that long based on typical process times seen. Some patents are in the system for upwards of six years by the time they are finally issued. Three other patent holders had experiences that note a disturbing trend: by the time many business or software patents are granted, companies are no longer in business. Device patents seem to have better luck, and take much less time.

AFUL list: privatize examination, make bad patenters pay

El lun, 13-11-2006 a las 18:44 +0100, PILCH Hartmut escribió:
I'd be interested to hear what you think about the following part of the
proposed Call for Action:

We are worried because

1. The patent granting process remains slow, expensive and
inefficient; a
rapidly growing stream of broad monopoly claims with falsely
presumed
validity is burdening innovation worldwide;


In my last conference about patents, I shared the place with Jörg Macheck, director from the EPO. He recognized that currently "CII"
patent applications takes about 6 years (!) to get examined and rejected or granted.

The obvious reasoning of this fact is that software developers infringing any software patent application should wait 6 years before to release their software in a way to be sure not to infringe possible patents.

Non sense,
Alberto.

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

I’ve heard the current wait is around 5 years to get your application examined. This is crazy! Online years are like dog years, meaning most patents will be completely irrelevant for the start-up team. For example, Brian and I filed two patent applications for Jellyfish in 2006. The company has already been sold and we probably aren’t even half way in our wait for the PTO to make its review of the patent. We also filed for patent protection at NameProtect, but we’d changed business models by the time the patent was ultimately rejected.

Slow litigation process

Insane length

The patent industry has standardized on 20 years for the duration of a patent, in order to limit the harm on the market.

Software life cycle

Amortisation is much shorter. Product life cycle is 2,5 years (source?).