Software Patents: Solutions for Developers
summary
Software patents cause roughly $80 billion of annual harm (2011), the USPTO grants ~40,000 new software patents a year in the US, and Intellectual Ventures runs about 1,300 shell companies that send coercive letters. Practical defenses include patent-aware licenses, defensive publications and early pre-grant submissions, joining the Open Invention Network, signing non-assertion covenants or creating a defensive patent pool to use patents only for defense. These steps reduce risk without waiting for law changes.
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chapters (42)
- 0:00Introduction
- 1:34The big picture
- 2:02Products vs Ideas
- 4:13Functional Claiming
- 5:20What is Patentable
- 6:06Where the law is novel
- 6:38Nonobvious
- 7:53Measuring innovation
- 9:14More patents equal more innovation
- 10:07Two types of threats
- 10:19Un unspoiled alert
- 10:45Trolls
- 11:19Annual wealth lost
- 12:37Users and adopters
- 13:37Intellectual Ventures
- 17:30Proprietary Software
- 18:20Working Around Patents
- 20:04Anticompetitive Suits
- 22:02Continually Patent
- 22:24Economic Incentive
- 22:52The US is a mess
- 23:02Not all good news
- 23:26Need for certainty
- 24:48Harmonization
- 26:11Silver Bullet Solutions
- 26:36Courts
- 27:50Congress
- 28:05Legislative Solutions
- 28:28Policy Change
- 29:30Legal Definitions
- 30:39Another Pair of Eyes
- 31:08Obamas Speech
- 31:34Increased Transparency
- 32:00Litigation Fees
- 32:43Federal Trade Commission
- 33:21Strategic Aggression
- 34:02What can we do
- 35:29Strength through community
- 35:47Patent validity
- 36:25What you can do
- 36:57More resources
- 37:14Questions
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