Google: US patent system

[techbeck]

Google: US patent system ?over-rewards? ideas while taxing the ?hard part? of innovation

The current patent system "over-rewards" the easy part of innovation ? coming up with an idea ? while taxing the hard part of implementing it.

That?s what a senior patent attorney for Google, Suzanne Michel, said during a public meeting on software patents today. Google is recommending that the US Patent and Trademark Office curb the common practice of using broad language in software patent filings without disclosing actual algorithms.

"The corpus of existing software patents is replete with claims that describe a high-level function and no supporting algorithm," she said.

http://www.theverge....t-of-innovation

Lots more in source...and please keep the topic CLEAN.

[FloatingFatMan]

That's not the least of the US patent system's problems. It is, IMO, fundamentally broken.

No patent should be issued without a prototype.

No patent should be retained if the prototype doesn't make it to product within a reasonable time period.

No patent should be granted for common sense design (like a rectangular mobile computing device with rounded corners)

No patent should be granted for something that already exists on the market, even if not already patented. The first product for an unpatented idea should be considered a de-facto patent.

Patents should not be left in a pending state for years and years. It shouldn't take more than 6 months max from application to awarding or denying.

[Noir Angel]

All software patents do is hamper innovation and harm consumers.

[BajiRav]

While I agree with their general thought, I find this generalizing it a lot,

The current patent system "over-rewards" the easy part of innovation ? coming up with an idea ? while taxing the hard part of implementing it.

Sometimes ideas are difficult to come by but implementation can be easy. It's not as black and white as she says. :/

[FloatingFatMan]

Oh, something else to add to my list. :p

Patent ownership should not be transferable The patent owner can sell rights to use the patent to 3rd parties, but ownership and enforcement should remain with the original owner, must be renewed (for free) at a set interval (5 or 10 years perhaps), and should lapse into the public domain if not renewed or the owner dies.

This will put an immediate stop to future patent trolls whilst still giving the patent owner the chance to profit from their idea.

[Growled Member]

I think, FloatingFatMan, we need to put you in charge of the patent office.

[FloatingFatMan]

:) I'm willing to do the job! Just as long as they let me do what needs to be done!

[guru]

While I agree with their general thought, I find this generalizing it a lot,

Sometimes ideas are difficult to come by but implementation can be easy. It's not as black and white as she says. :/

this.

[sanctified Veteran]

My oh-so-complex proposal: Eliminate the entire patent system and let products compete on meritocracy.

[The_Decryptor Veteran]

Oh, something else to add to my list. :p

Patent ownership should not be transferable The patent owner can sell rights to use the patent to 3rd parties, but ownership and enforcement should remain with the original owner, must be renewed (for free) at a set interval (5 or 10 years perhaps), and should lapse into the public domain if not renewed or the owner dies.

This will put an immediate stop to future patent trolls whilst still giving the patent owner the chance to profit from their idea.

I think this would be good, it'd stop things like HTC buying patents from Google to sue companies like Apple over for example.

Same with the other stuff in your previous post, except for "common sense design" (What one person considers common sense would be innovative to another person)

[FloatingFatMan]

Same with the other stuff in your previous post, except for "common sense design" (What one person considers common sense would be innovative to another person)

You don't think a rectangular shape with rounded corners for a handheld computing device is common sense?

Sure, common sense is generally not as common as people would hope, but that's why you would have a panel to decide on whether a patent IS a common sense design or not; and make damn sure that no one ON that panel has any bias!

[coresx]

Does need fixed but got to have some control. They have to get rid of the many broad ranging and ridiculous ones like rounded corners on a rectangle and such.

Google's buisness model gives them a huge advantage if patents were curbed too much. There is a reason Google want things open source and patents nixed. You would find it immensely hard to fight against them. The ease at which they could enter markets and compete would be too great.

[Noir Angel]

In my opinion the biggest issue is with software patents. Some of them are so generic it's unreal. I also believe that it's unfair that IP can be brought and sold, patent laws are supposed to protect original ideas not spending power. As far as I am concerned if the original inventor of an item leaves the market their patents should be voided.