There has been a storm or mixed feelings related to the patent system, and after the new rules relating to software patenting and how it has been practically outlawed in New Zealand there needs to be a change. The new rules that were set forth have made the idea of patenting software a hopeless dream. These new rules are(1) A computer program is not an invention and not a manner of manufacture for the purposes of this Act.
(2) Subsection (1) prevents anything from being an invention or a manner of manufacture for the purposes of this Act only to the extent that a claim in a patent or an application relates to a computer program as such.
(3) A claim in a patent or an application relates to a computer program as such if the actual contribution made by the alleged invention lies solely in it being a computer program.
So why should people be allowed to patent software when they are using open source code to write it? This is the main argument that many hackers such as the deceased Aaron Swartz had. Why is it someone can take a program code it in C++ and then patent it. The code is all open source, and they did not invent the kernel or the programming language. This idea is what creates the big threat for the technology industry which is known as the "Patent Troll". The patent troll is someone who goes out a patents an item for the sake of suing another company for money. Some companies including Apple INC are being labeled as patent trolls. The whole idea of intellectual rights is being thrown under a bus because of the Apple vs Samsung case which is still going on. Apple sued Samsung for over 1 billion dollars and won for some software and functions that they claim Samsung stole. While the judge reduced it by half the trolling by Apple is doing nothing to benefit us as a consumer.
Look at the lawsuit above and let me ask you "Does this lawsuit aide the consumer in anyway?" the answer is no we don't care, and Apple does not need the money. They are trying to take down their threat which is Samsung because Samsung is the "Big Dog" in the smart phone market. These charges are wasting tax payer money because the court house the judge and any other federal employees are getting paid with our taxes and all of this for a patent and money that Apple does not need. Apple has over 100 Billion Dollars worth of investments. So it is clear to us that Apple was not doing it for the money and actual damages to their profits but they were doing it to knock out Samsung. This is the fine art of patent trolling, and it needs to stop.
These patent laws which are meant to protect companies products which obviously these tech giants don't need to fear are squandering innovation. If patent trolls are allowed to exist this prevents innovation because going into the technology industry is so scary to entrepreneurs because they can make a product and get sued like no tomorrow because of the patent system. This article from The Independent basically covers that the amount of patents for silicon valley is to high. Why should new companies have to worry about the patent system when thinking of a new product or idea. Why can people patent code that they did not invent all of these questions remain, and no one has an answer because it does not make sense. If we were to all follow the New Zealand change of pace the patent trolls would have to go some were else.
*Let me know in the comments about your thoughts about the American patent system and the patent trolling.
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