Software Patents: Current Challenges and Future Solutions

Abstract

Software patents for years have been used in the software industry to suppress innovation, kill competition, and generate undeserved royalties. This article considers whether software patents maintain the right "bargain between the inventor and the public" where, in exchange for disclosure of the invention to the public, the inventor receives a limited monopoly and the exclusive right to exploit the invention. This article argues that they do not and then explores possible solutions to address the problems identified. Those solutions include streamlining the patent process, making it more difficult to patent software innovations, making it easier to invalidate software patents, and shortening the patent protection from 20 to 10 years. The article closes with a call to action for people to work collectively to effect change in the industry.