Reading Room – Software Patents

Software Patent Reading Room

Overviews

• Software Patent Overview
  By IP Justice
  The official IP Justice guide to software patents in Europe and the US.

• White Paper from Computer & Communications Industry Association (CCIA):  “Patent Policy for a Digital Economy” (November 2006)  2-page Executive Summary

• Software Patent Directive as Passed 24 September 2003
  EU document
  This is the text of the software patent directive as it was ammended on 24 September 2003.

• Original Draft EU Legislation, “Software Patent Directive”
  EU document
  The full text of the proposed EU software patent legislation. As described in the overview page, this is the current text that will be voted upon. The legislation will officially allow the European Patent Office to issue software patents, and require the patent office of EU member nations to issue software patents. The core of the draft is Article 4 (Amendment 16).

• EU Explanatory Statement to Proposed Software Patent Directive
  EU document

• FSFE Software Patent Overview
  By Free Software Foundation of Europe
  Good overview of the background and current status of software patents in Europe.

Recent News

• “Saving Seeds Subjects Farmers to Suits Over Patent”
  The New York Times (30 October 2003)
  Covers a recent court case involving the rights of farmers to save seeds for next year’s plantings versus Monsanto’s patent on the seeds..
• “Europe offers limits on patents”
  International Herald Tribune (25 September 2003)
  Coverage of the results of the EU vote and its implications.
• “Controversial software patent directive clears Parliament”
  EurActiv (25 September 2003)
  Coverage of the next steps that will need to occur for this policy to become law.
• “EU Software Patent Opponents Turn Up Lobbying”
  IT World (11 September 2003)
  Describes the lobbying efforts of many groups in preparation for the next round of debate. The movement has grown out of the software community and has now captured mainstream attention.
• “A Clicking Bomb”
  The Economist (4 September 2003)
  Describes the debate over software patents and cites the Business Software Alliance as a major winner if software patents are allowed in Europe.
• “Patent Riots of 2003”
  PC Magazine ( 2 September 2003 )
  Opinion piece describing the growing protest against software patents and describing the many problems with software patents.
• “European Patent Law Draws Fire”
  Wired News ( 1 September 2003 )
  Provides a brief introduction to the issue and describes the protests that led the European Parliament to delay the vote scheduled for early September.
• “Protests Delay Software Patent Vote”
  CNET News.com ( 1 September 2003 )
  Describes the political parties and MEPs involved in the issue and gives a background to the political process.
• “Economists reject European software patent proposals”
  ZDNET.co.uk ( 27 August 2003 )
  Coverage of the group of economists who wrote a harsh critique of the patent proposal.
• “Rally against European software patent plans”
  Out-Law
  [ UK ] ( 26 August 2003 )
  Coverage of plans for rally in Brussels prior to vote.

Analysis and Commentary on Current EU Software Patent Situation

• Analysis of Article 52 of the EPC
  By EuroLinux
  Short look at why Article 52 specifically forbids software patents and several links to other law-related references.
• “Software Patents in Europe” (PDF)
  By Francois Pellegrini (ABDUL, EuroLinux)
  A slide presentation given at the Libre Software Meeting in Europe. An excellent look at the theoretical and practical drawbacks of software patents, including examples such as IBM. Other slide presentations available here.
• “Software Patents & Intellectual Property: Why Software is Different” (PPT)
  By Professor Brian Kahin, Director of the Center for Information Policy at the University of Maryland
  A slide presentation given on Nov. 10, 2002 at an international conference at the University of Vienna on why software patents don’t work well for incentivising further creativity.
• “An Open Letter to the European Parliament Concerning the Proposed Directive on the Patentability of Computer-Implemented Inventions” (also available in PDF)
  A letter from a distinguished group of economists strongly urging against the proposed software patent directive. They cite the disadvantage of software patents to small companies and individuals, among other reasons.
• “Patent Jurisprudence on a Slippery Slope — the price for dismantling the concept of technical invention”
  By the Foundation for a Free Information Infrastructure
  Analysis of why software patents are sub-optimal, looking from the standpoint of an inventor and general jurisprudence.
• Analysis of Article 52 of the EPC
  By the Foundation for a Free Information Infrastructure
  The text of the current Article 52 of the EPC specifying what may and may not be patented, as well as the FFII’s proposed revisions to further emphasize the undesirability of software patents.
• Main EU home page for software patents
  Provides links to current debate over the issue European economic impact study.
• ” The Economic Impact of Patentability of Computer Programs ”
  By Robert Hart, et al
  Study conducted on behalf of the EPO by an independent consultant that concluded that the EU should implement software patents largely because the US has also done so.

Advanced Resources and Patent Data

• “Sequential Innovation, Patents, and Imitation”
  MIT (1999)
  Economic analysis of patents in dynamic industries. Argues that in industries that feature large amounts of complimentary innovation (such as software and semiconductors) patents fail to provide useful protection and may in fact decrease the incentive to perform R+D. Further, productivity in these industries my decrease as a result of inefficiencies introduced by patents.
• Analysis of patterns of US software patents
  Research Innovation
  The majority of US software patents have been granted to large companies and are used as a cheap way to maintain an advantage rather than spurring new R+D.
• European Software Patent Statistics
  By the Foundation for a Free Information Infrastructure
  Long list of the number of software patents granted by the EPO based on applicant, nation, year, and other factors.
• European Software Patent Applications
  By the Foundation for a Free Information Infrastructure
  Semi-organized database containing 10,000+ suspected software patents granted by the EPO. The FFII is attempting to manually categorize and evaluate each patent, this work is still underway.
• Analysis of the Amazon “One-Click” Patent in context of the EU directive
  By the Foundation for a Free Information Infrastructure
• “Computersoftware and patent law” (English summary and German thesis paper)
  By Dr. Thomas Winischhofer
  Argues that not only are the software patents issued by the EPO against the letter of the current EU law, they are also internally inconsistent. Further suggests that a coherent patent system cannot be established with software patents.

Software Patent Law in General

• “Against Software Patents”
  League for Programming Freedom (Feb 1991)
  Criticism of the US PTO for allowing software patents including a Constitutional analysis and review of several software patents granted.
• “The Economic Foundations of Patent Law”
  By Fritz Machlup (1958)
• “The History of Software Patents”
  BitLaw
  A look at the gradual introduction of software patents in the US .
• “Patently Absurd”
  Wired (July 1994)
  Criticism of US PTO allowing software patents, citing several absurd patents granted.
• “Microsoft Patents Ones, Zeroes”
  The Onion [Satire] (March 1998)
  Satirical look at the state of software patents in the US.
• “Selling Wine Without Bottles”
  John Barlow, EFF
  A look at how the new economy of ideas requires new property protection systems. Old systems (patents, copyrights) may not be appropriate in a new world.
• “Software Patents Tangle the Web”
  MIT Technology Review (March/April 2000)
  An overview of how business model and software patents in the United States have defied common sense and are moving into the absurd.
• Statement on the Economic Impact of Software Patents
  League for Programming Freedom
  Extensive analysis on the game theoretic nature of software patents, the difference between hardware and software, the need for some form of protection in software, etc. Very well-written extensive resource.

Steps to Take Today

• 1 – Join IP Justice
  Join today and make a stand!
• 2 – Sign the EuroLinux petition
  http://petition.eurolinux.org/index_html?LANG=en

Individual Statements about Software Patents

• “Software patents are more harmful than useful for the community.”
  Michael Widenius, Moderator of MySQL
• “IP [restrictions] stop progress in science.” (French)
  Bruce Alberts, President of the US National Academy of Sciences
• “Oracle Corporation opposes the patentability of software”
  Oracle Corporate Statement
• “” software patents can provably fail to reward innovation and at the same time deter progress.”
  Jim Warran, member of the Board of Directors of Autodesk
• “… software patents generally impede innovation in software development and that software patents are inconsistent with open source/free software”
  RedHat Corporate Statement
• “A more rational legal status for software requires some amendments in patent law.”
  Polish Patent Officer (private unofficial remarks)

Other Organizations Involved

• Fight the Patent
  http://www.fightthepatent.com
• Foundation for a Free Information Infrastructure (FFII)
  http://www.ffii.org
• Associazione Software Libero
  http://www.softwarelibero.it/
• Free Patents
  http://www.freepatents.org
• Free Software Foundation of Europe
  http://www.fsfeurope.org/projects/swpat/swpat.en.html
• Research in Europe
  http://www.researchineurope.org/
• Association Francophone des Utilisateurs de Linux et des Logiciels Libres
  http://www.aful.org/old_index.html
• EFF Finland
  http://www.effi.org/julkaisut/kirjeet/avoinkirje-2003-07-29.en.html

Last updated Sep 17, 2003