So I like how he ends with that bit on patents, when I did my presentation at the USPTO Silicon Valley roundtable event a month ago, a couple of the presenters made the case that absolutely nothing needs to change with software patents because computers should be treated the same as any other kind of machine, and so software should be considered the same as every other type of patent. The fact of the matter is this is simply not true, computer software cannot be equated to physical items, and barely equate to business flow and methods. With all the complexities, as well as the fact that to try out a new version of software happens in seconds where making a prototype of some machine or object takes days, weeks or months. It seemed they either didn't fully understand the difference, or they understand and do not want the system to change since it works greatly in their favor.
Anyone who has an opinion on patents, especially software patents, should be keeping up with the roundtable events. And, I'm not saying that because I went either, stuff is being talked about at these events that will either be ignored or shape the patent system in one way or another. In either case, it's in our best interest to stay involved in the process.
>to try out a new version of software happens in seconds where making a prototype of some machine or object takes days, weeks or months //
Aren't most prototypes "made" in software nowadays and only final products are really fully produced.
In generally I think I agree with what you're saying. In Europe software patents, as such [!], are not allowed but patents to software have always been allowed that made a technical effect, ie performed a real physical change to a system. It's very hard to pin down the boundary but I think that this is something the board got right.
That said I think personally that all manufacturing rates have increased greatly since patent terms were set and that the terms should be decreased to compensate for this change in the rate of development.
That's a valid observation I hadn't made yet, concerning manufacturing in general. You're right about the prototypes being made with software as well, I mostly meant that to physically produce the prototype is different then when you produce the prototype for software, given the click and compile nature of it. All in all though I agree that the terms really need to be reconsidered, but I don't see our legislative branch making an real changes to our governmental system in general, it works out for them pretty good right now.
Anyone who has an opinion on patents, especially software patents, should be keeping up with the roundtable events. And, I'm not saying that because I went either, stuff is being talked about at these events that will either be ignored or shape the patent system in one way or another. In either case, it's in our best interest to stay involved in the process.
Edit: Spelling