A couple years ago I got into a pretty heated discussion with a staffer from an engineering software company about whether software patents were still relevant (or is they ever were to begin with).
While proponents (usually with deep pockets) have touted their benefits, software patents have also been used in the software industry to suppress innovation, kill competition, generate undeserved royalties, and make patent attorneys rich. So I’ll ask again, are software patents still relevant?
It’s no secret that the engineering software business is extremely competitive, as it always has been. Without naming names, the engineering software business has also proven to be a very fertile and lucrative ground for lawsuits regarding patent infringement, reverse engineering, and outright copying and pasting blocks of code.
Could stronger patent protection have prevented this from happening? Maybe yes, but probably, no.
Below is a video on the futility of software patents featuring Linus Torvalds, the creator, and for a long time, principal developer of the Linux kernel, which became the kernel for operating systems such as the Linux operating system, Android, and Chrome OS.
Linus Torvalds: Why Software Patents Make No Sense
Software patents have been hotly debated for years. Opponents to them have gained more visibility with less resources through the years than pro-patent supporters. Through these debates, arguments for and critiques against software patents have been focused mostly on the economic consequences of software patents, but there is a lot more to it than just money.