Software Patents

Overview

What are the ethical implications of having businesses devoted solely to acquiring, holding, and enforcing patents through lawsuits? What are the costs and benefits posed by allowing these “cottage industries” to exist?

Often groups will not enforce patents through lawsuits due to the risk of their patents being found invalid. They have found that it is often more wise to acquire and hold patents as a deterrent to competition. These actions pose a risk to software developers that do not have patents of their own to balance the threats. Examine the ethical considerations of this practice and of the responses to counter patent litigation threats.

Patent Infringemaent:

Patents on software are there to protect the labor, time, and money invested ny the creator during the developement of the software. However, many people believe that patents become just an obstacle to developing new software. Many people have begun patenting basic ideas that were already commonly in use in the industry. Often patents are intentionaly broad to make them more valuable. These basic patents are beginning to make it very difficult for the developement and distribution of new software. People have patented all simple code and ideas that are essential to developing higher level software. This means a software developer must negotiate with each patent holder he violates to try and obtain a license to use it. This is obviuosly making it much harder for a software developer to produce a legal product.
- With all these problem created by software patents what ethics are involved in the development of software that likely infringes on existing patents?
  - One of the main criteria for a patent is it be novel and nonobvious, the problem with this is for many the US Patent Office employed no computer science professionals; so they had no idea what ideas and practices were considers basic and obvious and had been in use for years in the software developement field. This means that many of these patents should never been issued in the first place.