Statements, studies and press clippings on software, Internet and
business method patents
Critiques
Increasingly people are (publicly) recognizing that the PTO has been, is
and will be issuing way too many software, Internet and business method
patents that are invalid, and to a lesser degree, many invalid hardware
and general electronics patents that are just as invalid. So if you have
software patents asserted against you, there is a good chance that you
will prevail in the long run, though often at a considerable expense that
should never have been incurred.
- Will recent reforms stop the U.S. Patent Office from
granting too many frivolous patents? by Steven Frank, IEEE Spectrum,
August 2002
- "[Patent] Firestorm in Cyberspace"
by David Ignatius, Washington Post 19 March 2000
-
"As many as six impossible patents before breakfast: property rights for
business concepts and patent system reform" by Robert Merges of the
UCal-Berkeley School of Law
- protest - BURN ALL GIFS, a Web
site protesting Unisys's LZW patent that affects GIF
-
"Patents that protect 'methods of doing business': are they worth the
paper they are printed on?" (PDF), by Bradley Wright of Banner Witcoff
-
"How patent attorneys are stealing our future" by Jesse Berst, editorial
director, ZDNET AnchorDesk
- 1999 IPNS survey on software patent validity
- 1999 "The coming software patent crisis: can Linux survive?", in Linux
Journal by Prof. Bryan Pfaffenberger of Univ. of Virginia
- 1999 "The Trouble with Internet Patents", Fortune magazine
- 1999 "Does the Patent Office
respect the Software community?" by Gregory Aharonian, Jul/Aug 1999
IEEE Software
- 1999 "The patent system has just
gone MAD" Electronic Engineering Times editorial
- 1998
"State Street: virtually anything is patentable" by Robert Scheinfeld
of Baker & Botts.
- 1995 testimony - FTC
comments on software patents
- 1994 PTO Boondoggle - Scrap
Software Patents , Reseller Management magazine
- 1994 "Patenting sunlight and other foolishness in a brave new
multimedia world" by Fred Hofstetter in Educom Review
- 1994 Software Patents Must
Go, PC Magazine, March 1994
- 1994 Beware of Software
Patents , Wall Street & Technology magazine, February 1994
- 1994 statement from Oracle critical
of software patents
- 1994 statement from Autodesk
critical of software patents
- 1994 Congressional testimony of Mitch Kapor
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On the other hand, if you are applying for software, Internet and/or method
of doing business patents, you should know as much as possible about how
to do so, so you can obtain the best patent possible - one that allows you
to claim what you have invented in light of as much as prior art as possible,
and with claims that won't be immediately rejected by a judge. At least,
it will give me more of a challenge when you sue a competitor and they
retain me to bust it. In general, given that there is little overlap
between the papers above and the papers below, be careful.
Guidelines
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Legal reviews/articles
2003
-
IETF - Guidelines for Working Groups on Intellectual Property Issues
- April 2003
- Will patents kill IT innovation? - Newsfactor Network, Apr 2003
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2002
-
Business method patents: are there any limits? - Bradley Wright of
Banner Witcoff
- Will recent reforms stop the U.S. Patent Office from
granting too many frivolous patents? by Steven Frank, IEEE Spectrum,
August 2002
- Forgent claims rights to JPEG patent - Extreme Tech, Jul 2002
- Software and business method patents - a decade in review - Fitzpatrick Cella law firm
- Web patents: still not a good idea - eWeek, Apr 2002
- "Open source code: a trap for the unwary" by Mary Heuett and Eryn Starun of Fenwick & West, Winter 2002
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2001
- Patentability of business methods at the European Patent Office - Dec 2001
- video - Intellectual property in U.S. District Courts by William Young, chief judge, U.S District Court of District of Massachusetts, Nov 2001
- Linux users risk infringement - Bradley Wright of Banner
Witcoff, August 2001
- Patenting software-related business methods from the law firm Smith Lyons, July 2001
- Patentability of software and business methods from the law firm Smith Lyons, July 2001
- Decoding software patentability in Canada from the law firm Smith Lyons, July 2001
- Software developers haunted by patent mess - Industry Standard, Apr 2001
- Can CORBA sidestep open source licensing? - April 2001
- Business method patents in Europe: a Saussurean explanation - by Erwin Basinski, Morrison & Foerster, April 2001
- Patents that protect methods of doing business - license to steal? - Bradley Wright of Banner Witcoff, January 2001
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2000
- Software Useright - sui generis proposal for software protection, 2000
- Protecting software and busines methods around the world - Robert Green and Charles Halloran, Christie Parker Hale, 2000
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1999
- Patents that protect Methods of Doing Business - are they worth the paper they are printed on? - Bradley Wright of Banner Witcoff, November 1999
-
"Patent protection for software driven inventions after WMS gaming"
- the difficulty using means plus function format, from the law firm of
Alston & Bird
- "Software userright:
solving inconsistencies of software patents"
-
"As many as six impossible patents before breakfast: property rights for
business concepts and patent system reform" by Robert Merges of the
UCal-Berkeley School of Law
- "What the
general practitioner should know about patenting business methods"
by David Hayes of Fenwick & West
-
Patenting financial inventions after State Street Bank"
by Robert Sachs of Fenwick & West
-
"Enteignung des Geistes" by Rainer Fischbach (in German)
- ZVEI, a German electronics trade association,
in a letter to the European Commission, requests that the EC push
efforts for global patent protection for software (in German)
-
"Patenting methods of doing business after State Street, It's the law"
by Fish & Richardson
-
"State Street: Federal Circuit eviscerates 'Business Method' and
'Mathematical Algorithm' exceptions" by Katherine Kelly of Fish &
Richardson
-
"Questions and answers on patent protection for software" from
Wolf, Greenfield & Sacks
-
"[Non-patent] Legal issues surrounding the Internet and Electronic Commerce
by Perry Viscounty of Latham & Watkins
- "Effectively patenting E-commerce" by Joseph Potenza and Christopher
Glembocki of Banner & Witcoff
-
"State Street bank: are useful algorithms patentable?" by Gregory
Maier of Oblon Spivak
- Patenting methods of doing business/finance: the wave of the future
by Tony Pezzano of Morgan Finnegan - Feb 1999
- "1999 Update - International legal protection for software" from
Fenwick & West
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1998
-
"Halloween" documents from Microsoft: their strategy to fight the
Open Source movement, along with an analysis from Open Source supporters
-
"Control of inventions in a networked world" by Howard Anawalt of Santa
Clara University
-
"Using digital locks in invention development" by Howard Anawalt of Santa
Clara University
- "Software patents and Internet business methods in the wake of State Street Bank" by Robert Sachs of Fenwick & West, Fall 1998
-
"Restrictive claim construction in the federal circuit"
by Patrick Flinn of Alston & Bird, Sept 1998
- Status of software and business method patents after State
Street - by Laurie Hane and Adam Abrett, Morrison & Foerster, Sept 1998
- "Preparing for the intellectual property offensive"
[patents used against Linux] by Bruce Perens in November 1998 Linux World
-
"Software related patents - global survey" by Donald Cameron of Aird
Berlis
-
"State Street: virtually anything is patentable" by Robert Scheinfeld
of Baker & Botts.
-
"Recent decision suggests consideration of patent protection for all new
insurance software" by Kevin Fitzgerald of Foley & Lardner, August 1998
-
"Protection and exploitation of financial services software" from
Riker Danzig Scherer
- "Patents and
the Internet" by Steven Lundberg
-
"International enforcement of software copyrights and patents"
by Siehnai Williamson of South. Methodist Univ.
-
"Software patents: a new era in Australia and the United States"
by David Webber of Davies, Collins, Cave
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1997
-
"How to prepare a patent specification to maximize the protection of
computer-related inventions" by R. Lewis Gable and Morey Wilde of
Cowan Liebowitz Latman
-
"Comprehensive current analysis of software 'Look and Feel' protection
by David Hayes of Fenwick & West - Aug 97
-
"Internet's international nature presents complex patent problems"
by Robert Sachs of Fenwick & West - May 1997
-
"Patentability of computer apparatus: resolution at last?"
by Ira Matsil of South. Methodist Univ.
- "For once, law anticipates technology: the E-Data patent saga"
by Edmund Burke of Sutherland Asbill
-
"The Internet and developments in the protection of IP interests"
by Lee Carl Bromberg of Bromberg and Sunstein
-
"A politics of intellectual property: environmentalism for the Internet"
by Prof. James Boyle of Washington (DC) College of Law
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1996
-
"Recent developments in intellectual property law of interest to
the computer industry"
by Herbert Hammond of South. Methodist Univ.
-
"Guide to statutory protection for software in the United States"
from Ladas & Perry
-
"Software patents and the information economy" by Michael Perelman of the
UMichigan Law School
-
"New concepts in obtaining and enforcing software patents" by Gregory
Maier of Oblon Spivak
-
"Protecting trade secrets in high technology companies" by Thomas
Jackson of Phillips Nizer.
-
"Business strategies for patent protection of computer-related inventions"
by Lee Carl Bromberg of Bromberg and Sunstein
-
"Claiming surgical procedures using computers and software" by Brad
Forest of Schwegman Lundberg Woessner Kluth
-
"Maximizing damages for infringement of an inventive process stored on a CDROM"
by John McNelis of Fenwick & West
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early 1990's
- 1995 articles -
Patent protection for computer software, by Steven Lundberg of
Schwegman Lundberg Woessner Kluth
- 1995
"Protecting intellectual property - warning to software industry about
patents" by Diana Wilkins Savage of Cooley Godward
- 1994
"Looking to the changing nature of software for clues to its protection"
by Michael Dryja of Schwegman Lundberg Woessner Kluth (107K)
- 1994 "Patenting Computer Software"
introductory commentary to the European Patent Office 1994 Annual Report
- 1994 "New guidance from Federal Circuit on patent protection for computer software? In re Alappat in context" by Stuart Meyer of Fenwick & West
- 1992
"Software patents in Japan" by David Kahaner of US Office of Naval
Research
- 1991
"Intellectual property issues in software from the US National Academy
of Sciences
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1980's
- 1989 "The impact of software
patents" by Brian Kahin, EDUCOM Review, Winter 1989, pg. 26
- 1987
"Software protection - integrating patent, copyright and trade secret law"
by Gregory Maier of Oblon Spivak
1970's
- 1971 patent - 3,555,501 - "Determining
subsurface velocity and distinguishing between primaries and multiples by
velocity filtering", one of the first software patents to list higher
level language source code, in this case, 100 lines of Fortran
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