Banning software patents
There are two main proposals for writing a law that would protect software from patents:
- Excluding software from patentability - exclude software from the subject matter that can be patented
- Shielding software from litigation - declare that use and distribution of software can never constitute infringement
The first has been the focus of numerous campaigns since the 1990s and is quite mature. The latter is an alternative, suggested in 2012. It looks promising but has received gone through the same scrutiny.
A third way would be to abolish the entire patent system, for all domains, but this would require many times more work and there's no consensus on whether it's a good idea. There are advantages in focusing only on software.
For advice about terminology, see:
The importance of changing the law to counter overpowered patent monopolies is highlighted by the EWCA:[1]
The grant or registration of a patent confers a monopoly. The statutory monopoly can be justified on the grounds that it is necessary (for a limited time) in order to encourage inventors, and those who fund them, to apply their skills and resources in developing products and processes from which the public will benefit. But the balance between the benefits which will accrue to the public from permitting monopolies in order to encourage invention and the detriment which may be suffered by the public from monopolistic practices is struck by the patent legislation.
References
- ↑ Anstalt & Ors v Hayek & Ors [2002] EWCA Civ 1729 at [25].
