The U.S. Patent Office has been issuing a continuous flow of patents over recent years, causing a stir within the software industry. These patents, granted to companies like Amazon, Alta Vista, and McAfee, cover universal software concepts such as "One-Click Purchasing", "Search Engines", and "Auto-Downloading of Software / Software as a Service (SaaS)". This has led many to question the operations of the U.S. Patent and Trademark Office.
Most patent experts dismiss these so-called "junk patents", confident that they will be overturned by the courts and other regulatory processes. However, the fact that these patents are being granted in the first place is a cause for concern.
Amazon, for instance, is set to test their patent in September of 2001 against BarnesandNoble. During an injunction hearing, the judge stated that if BarnesandNoble simply instituted a two-click system, there would be no grounds for complaint about their use of this purchase system.
Alta Vista's Search Patents are also expected to be invalidated, as the creator of Archie, the first search engine, has proof of "prior art". This raises questions about the management at Alta Vista who tried to claim that they invented search technologies, and about the Patent System that allowed Alta Vista to get a patent on search technology in the first place.
The current patent system is frustrating for many, as processes that have been common knowledge for years are now being patented. This broad interpretation of modern patents is negatively affecting all areas of software development.
Several software developers have voiced their concerns on platforms like ZD-Net, eWeek, and Talkback. Allen Vander Meulen, an Independent Consultant from West Chester, PA, called the patent on "Auto Update" ridiculous, stating that he was writing code for auto-updates for PC software across LAN's and via modems in the late 1980's and early 90's.
Al Pareigis, a Software Professional from Oak Brook, called the patent "nuts", arguing that the fundamental concept of checking and downloading upgrades automatically has been a cornerstone of software distribution.
The current patent system allows companies to use patents as a weapon against their competition. Amazon, for instance, filed a lawsuit against BarnesandNoble.com, their number one competitor, just two months after receiving their patent. The legal fees associated with such lawsuits can be crippling for smaller companies.
To obtain a patent, an inventor must file an application describing and claiming the invention, which must be new, non-obvious, and useful, with the U.S. Patent and Trademark Office (PTO). The PTO assigns the application to an examiner who conducts a search of existing inventions (known as "prior art") and then issues a patent if nothing suspicious turns up.
However, the only real method for weeding out bad patents is through costly litigation. There are several factors contributing to the problems within our Patent system, including inadequate tools for PTO examiners, understaffing at the Patent and Trademark Office, and unscrupulous companies taking advantage of the system's inadequacies.
By signing our petition today, you can contribute to our project to bring the U.S. Congress to consider the possibility of repealing the application of Patents to the software industry, or to investigate the processes and procedures of the U.S. Patent and Trademark Office (USPTO) to discover and solve the inherent problems that are allowing for the system to be abused.
Sign the petition here
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