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Harm to standards and compatibility

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Patents harm standards and compatibility by blocking the inclusion of necessary or important functionality.

Standards and compatibility are essential for software - more so than other fields. If a word processor or a video player cannot read popular document or video formats, it is simply not a functional word processor or video player. Reading other formats and protocols, regardless of how innovative, will not suffice to fulfil the role of being a document reader or video player.

Standards with patent problems

Possible defence against non-disclosed patents

From Wikipedia:[3]

In 2005, Qualcomm, which was the assignee of US5,452,104 and US5,576,767, sued Broadcom in US District Court, alleging that Broadcom infringed the two patents by making products that were compliant with the H.264 video compression standard.[4] In 2007, the District Court found that the patents were unenforceable because Qualcomm had failed to disclose them to the JVT prior to the release of the H.264 standard in May 2003.[4] In December 2008, the US Court of Appeals for the Federal Circuit affirmed the District Court's order that the patents be unenforceable but remanded to the District Court with instructions to limit the scope of unenforceability to H.264 compliant products.[4]

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General articles

Specific standards harmed


Why abolish software patents
Why abolish software patents Why focus only on software · Why software is different · Software patent quality worse than all other fields · Harm caused by all types of patents
Legal arguments Software is math · Software is too abstract · Software does not make a computer a new machine · Harming freedom of expression · Blocking useful freedoms
High costs Costly legal costs · Cost of the patent system to governments · Cost barrier to market entry · Cost of defending yourself against patent litigation
Impact on society Restricting freedom Harm without litigation or direct threats · Free software projects harmed by software patents · More than patent trolls · More than innovation · Slow process creates uncertainty
Preventing progress Software relies on incremental development · Software progress happens without patents · Reducing innovation and research · Software development is low risk · Reducing job security · Harming education · Harming standards and compatibility
Disrupting the economy Used for sabotage · Controlling entire markets · Breaking common software distribution models · Blocking competing software · Harming smaller businesses · Harming all types of businesses · A bubble waiting to burst
Problems of the legal system Problems in law Clogging up the legal system · Disclosure is useless · Software patents are unreadable · Publishing information is made dangerous · Twenty year protection is too long
Problems in litigation Patent trolls · Patent ambush · Invalid patents remain unchallenged · Infringement is unavoidable · Inequality between small and large patent holders