Could Patents Ever Be Beneficial?

Although software patents in general are harmful to society as a whole, we do not claim that every single software patent is necessarily harmful. Careful study might show that under certain specific and narrow conditions (necessarily excluding the vast majority of cases) it is beneficial to grant software patents.

Nonetheless, the right thing to do now is to eliminate all software patents as soon as possible, before more damage is done. The careful study can come afterward.

Clearly software patents are not urgently needed by anyone except patent lawyers. The pre-patent software industry had no problem that was solved by patents; there was no shortage of invention, and no shortage of investment.

Complete elimination of software patents may not be the ideal solution, but it is close, and is a great improvement. Its very simplicity helps avoid a long delay while people argue about details.

If it is ever shown that software patents are beneficial in certain exceptional cases, the law can be changed again at that time--if it is important enough. There is no reason to continue the present catastrophic situation until that day.


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