By Kenneth Nichols
Since the creation of non-public desktops, software program has emerged as a driver within the international financial system and a tremendous in its personal correct. in this time, the U.S. executive has reversed its previous coverage opposed to software program patents and is now issuing millions of such patents every year, frightening heated controversy between programmers, legal professionals, students, and software program businesses. This booklet is the 1st to step outdoor of the highly-polarized debate and think about the present country of the legislations, its suitability to the realities of software program improvement, and its implications for day by day software program development.
Written by means of a former legal professional and dealing software program developer, Inventing Software presents a accomplished assessment of software program patents, from the lofty views of felony background and computing idea to the technical info and problems with real patents. humans attracted to the felony point of software program patents will locate distinct technical research of tangible patented software program, the felony concepts in the back of the wording of the patents, and an research of the benefit or trouble of detecting infringements. software program builders will locate how one can combine patent making plans into their general software program engineering practices, and a realistic consultant for learning and appraising their rivals' patents and safeguarding the price in their personal. meant basically for programmers and software program executives and executives, Inventing Software can be priceless, illuminating examining for lawyers and software program corporation investors.
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Additional resources for Inventing Software: The Rise of Computer-Related Patents
6. Nonlawyer readers should note that court cases are often referred to by the name of the party who best distinguishes the case. In this case, for example, Gottschalk represented the PTO and was only a nominal party; as such, his name may occur in many court cases, so the name of the private party is used as the short name for the case. When italicized, the name refers to the case; when unitalicized, it refers to the inventor. 7. This aspect of the dissent highlights disagreement about the nature of analysis under §§101, 102, and 103.
Third, even if infringement is detected, the user of custom software may have access to the original programmers and be able to have the software modified so that it no longer infringes. By simplifying software development through the use of more complex tools, however, these new tools move added value of custom software away from the custom developer and into the development-tools company, where patents play a larger role. At the same time that patent issues play a bigger role, however, the logic of software patents will be further strained.
In the Benson ruling, for example, the Supreme Court urged Congress to take up the matter, but to no avail (Samuelson 1990). Congress, which makes major changes in the patent laws only rarely, would be unlikely to enact clarifications that might dilute the value of thousands of existing software patents, most of which are held by large and influential corporations. Absent some unforeseen reversal, the trend toward expanding patent protection for software will continue. Software developers, even those who do not support patenting, will be forced into awareness of the consequences of patents for their products.
Inventing Software: The Rise of Computer-Related Patents by Kenneth Nichols