How should software inventions be protected? Many believe that patents are the answer to
protecting software processes and the creative owners. Patents have a variety negatives, as
well as positives, when it comes to protection of ideas. So, when it comes to patents, do
the pros outweigh the cons for software development?
Our group could see a lot of benefits of using patents. We weren’t sure of all the rules and
regulations, but we realized the major advantages of patents. First, they certainly protect
the creator. They do not allow for any manipulation or duplication of work. If your
software is patented then it is likely you won’t see hackers or people trying to steal your
work. This all seems like a good thing, right?
Our group didn’t really think patents were such a good idea though. Mainly because we
thought patents stifle progress. For instance, if no person can even copy or manipulate any
part of software how would we move forward with technology? Designers who create the
newest iphone base it off of the phones that came before it. But patent laws protect any
copying at all. So new versions would take incredibly long to produce and would likely
have some form of code or software in existing patented models. So everyone would be
scared to create and produce knowing they could be used for copying any sort of material.
Also the process of patents is long, it takes a long time to acquire a patent and it is a
very expensive process. Once again slowing down the process of creation and forward
progress.
Furthermore patents have the tendency to be bought and stolen for themselves. As we
stated earlier patents are expensive and some creators cannot afford them. Therefore Patent
Trolls will buy patents for existing software for themselves. They can afford them and then
can claim that others are manipulating their materials and sue for more money. This is not
fair the real producer. So how do you protect software for the producer and the consumer?
If you place software under copyright there may be a way where certain information can be
built of off without being considered copying. Remixing and adding onto to existing
material is a great way to protect creators and still move technology forward. Copyright is
more straightforward, and would eliminate patent trolls. However, adopting a global
standard would be challenging, but the internet is a global entity. Although, it may be
possibly to start with the United States and if it’s successful, perhaps it will catch on
globally, to protect software, and continue to make technology better and always moving
forward.