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GeneralRe: The great software stagnation Pin
Randor 4-Jan-21 8:39
professional Randor 4-Jan-21 8:39 
GeneralRe: The great software stagnation Pin
#realJSOP4-Jan-21 10:34
mve#realJSOP4-Jan-21 10:34 
GeneralRe: The great software stagnation Pin
Randor 4-Jan-21 10:57
professional Randor 4-Jan-21 10:57 
GeneralRe: The great software stagnation Pin
Nelek4-Jan-21 11:31
protectorNelek4-Jan-21 11:31 
GeneralRe: The great software stagnation Pin
Daniel Pfeffer4-Jan-21 9:02
professionalDaniel Pfeffer4-Jan-21 9:02 
GeneralRe: The great software stagnation Pin
trønderen4-Jan-21 13:43
trønderen4-Jan-21 13:43 
GeneralRe: The great software stagnation Pin
David O'Neil4-Jan-21 15:32
professionalDavid O'Neil4-Jan-21 15:32 
GeneralRe: The great software stagnation Pin
trønderen5-Jan-21 2:59
trønderen5-Jan-21 2:59 
David O'Neil wrote:
software patents are being given for 'obvious' inventions
OK - you are living in the US of A.

A generation ago, the difference between the patent regimes in the US and the rest of the Western world was far greater, but still a lot of it remains. One major difference is that in the US, patents are easily granted. Then it is up to contestants to prove your patent invalid, and ask for it to be revoked - which is also a not uncommon event.

European patent offices demand that a patent should have a certain "height of invention" - it should display something that is clearly identifiable as something significantly new. Otherwise, the patent is not granted. A consequence of this is that in Europe, very few patents are revoked. When a European reads about US patents being revoked, the common reaction is: How the elephant could that patent have been granted in the first place?

That said: Quite often, and maybe more so in software than mechanical engineering, you quite often hear the voice of the Columbus critics: "I could have done that, too!" The problem is: You didn't! A creative idea doesn't have to be complex, difficult to understand. It suffices that it is creative.

Let me take a classical example: The set-uid/gid mechanism. Today, we find it trivial - anybody could have made up that; it is just looking at a bit to grant rights. And it was rejected as software patent. But the software logic was reworked into an electronic circuit of logic gates; that could be patented! (US Patent 4135240[^]. So, did the patenting of setuid/setgid curb software invention?

Another side of it: Even as an electronic circuit, US Patent 4135240 has no effect in Europe. All patents are national. There is no such thing as a "world patent". The closest we can get is that when an inventor applies for, say, a Norwegian patent, identical to the already granted Swedish patent, the Norwegian authorities may say "OK, we trust that the Swedish authorities have done proper research before granting their patent, so we don't have to repeat all of that research!" Yet they are two different patents, each applying in their countries and in no other countries. (Don't expect them to have similar confidence in granted US patents! Smile | :) )

In some business areas, if you cannot sell to the US of A market, it isn't worth starting production at all. And you know that if you don't protect your business, by patenting your inventions in the US, you can take for granted that the famous entrepreneurship of US business will take it out of your hands. So obtaining patent rights for the US market is essential - for that market. And, even though a competitor could use your invention to sell products based on it in Lithuania, say, if it is patented in the US, lots of manufacturers conclude that the bird has flown away.

Yet, people criticizing the Chinese for "stealing US patents" have not understood realities. If all you've got is a US patent (you didn't want to spend the registration fees and annual fees for every country in the world) then your invention has no legal protection at all within China. They may produce whatever they want, based on that invention, and sell it all over China. And all over the rest of Asia, if you never applied for patents in those countries. And all over Europe, if you trusted a US patent to be valid here.

There is a great world outside the US of A (Surprise! Surprise!) If you believe that as long as you have handled the US marked, everything else is a minor matter, then you may be off for a surprise. Not the least regarding the Chinese creativity and entrepreneurship.
GeneralRe: The great software stagnation Pin
David O'Neil5-Jan-21 3:35
professionalDavid O'Neil5-Jan-21 3:35 
GeneralRe: The great software stagnation Pin
trønderen5-Jan-21 3:57
trønderen5-Jan-21 3:57 
GeneralRe: The great software stagnation Pin
David O'Neil5-Jan-21 4:07
professionalDavid O'Neil5-Jan-21 4:07 
GeneralRe: The great software stagnation Pin
trønderen5-Jan-21 4:58
trønderen5-Jan-21 4:58 
GeneralRe: The great software stagnation Pin
Daniel Pfeffer4-Jan-21 21:16
professionalDaniel Pfeffer4-Jan-21 21:16 
GeneralRe: The great software stagnation Pin
Greg Utas5-Jan-21 2:47
professionalGreg Utas5-Jan-21 2:47 
GeneralRe: The great software stagnation Pin
Daniel Pfeffer5-Jan-21 3:52
professionalDaniel Pfeffer5-Jan-21 3:52 
GeneralRe: The great software stagnation Pin
trønderen5-Jan-21 3:29
trønderen5-Jan-21 3:29 
GeneralRe: The great software stagnation Pin
Daniel Pfeffer5-Jan-21 3:47
professionalDaniel Pfeffer5-Jan-21 3:47 
GeneralRe: The great software stagnation Pin
trønderen5-Jan-21 4:01
trønderen5-Jan-21 4:01 
NewsGoogle employees form workers' union in United States Pin
Kent Sharkey4-Jan-21 8:16
staffKent Sharkey4-Jan-21 8:16 
GeneralRe: Google employees form workers' union in United States Pin
jeron14-Jan-21 9:43
jeron14-Jan-21 9:43 
GeneralRe: Google employees form workers' union in United States Pin
Nelek4-Jan-21 10:03
protectorNelek4-Jan-21 10:03 
GeneralRe: Google employees form workers' union in United States Pin
jeron14-Jan-21 12:39
jeron14-Jan-21 12:39 
GeneralRe: Google employees form workers' union in United States Pin
trønderen4-Jan-21 13:57
trønderen4-Jan-21 13:57 
NewsA Harvard astronomer is more confident than ever that an alien probe visited us in 2017 Pin
Kent Sharkey4-Jan-21 7:31
staffKent Sharkey4-Jan-21 7:31 
GeneralRe: A Harvard astronomer is more confident than ever that an alien probe visited us in 2017 Pin
jeron14-Jan-21 8:23
jeron14-Jan-21 8:23 

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