"When Patents Attack!" is the title of a recent episode of This American Life, a program produced by Chicago's National Public Radio affiliate WBEZ Radio. This one-hour episode is an expose of a new and parasitic industry that's burst on the scene in recent years, namely the "patent troll" industry. It also takes a look at the current patent war under way between the giants in the tech sector.
Patent trolls buy up patents, particularly software patents, often by the thousands. They have absolutely no intention of developing new and innovative products or services. Their business is to either litigate or extract cash in the form of licensing fees from those who actually do innovate. Patent trolls frequently make their home in eastern Texas, an area of the world with the most patent troll-friendly courts on the planet.
The simple truth is that very little computer software is new. What is new and innovative is developing new ways to combine many previous software ideas to create a new programme.
Many software ideas have patents that are controlled by patent trolls. Others are controlled by large software corporations or industry consortia. What makes it even more complicated is that many software patents conflict or obviously have been covered by prior art. Since the 1990s, the United States Patent and Trademark Office (USPTO) has been flooded with software patent applications, to the point where very few of them have actually been examined in detail before a patent was issued.
Patent trolls buy up patents, particularly software patents, often by the thousands. They have absolutely no intention of developing new and innovative products or services. Their business is to either litigate or extract cash in the form of licensing fees from those who actually do innovate. Patent trolls frequently make their home in eastern Texas, an area of the world with the most patent troll-friendly courts on the planet.
The simple truth is that very little computer software is new. What is new and innovative is developing new ways to combine many previous software ideas to create a new programme.
Many software ideas have patents that are controlled by patent trolls. Others are controlled by large software corporations or industry consortia. What makes it even more complicated is that many software patents conflict or obviously have been covered by prior art. Since the 1990s, the United States Patent and Trademark Office (USPTO) has been flooded with software patent applications, to the point where very few of them have actually been examined in detail before a patent was issued.