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Stupid Pointless Patents
It all started innocuously enough. I was talking to a colleague recently and
through no fault of our own, the conversation turned to intellectual property.
He boldly stated:
“What you really need to do is to apply for a patent for your [software]
technology”
It’s too bad really, I used to think he was smart…
For me, patents have always been a tradition of a bygone era, almost like a
land-line telephone or dial-up internet. Patents addressed a problem that
doesn’t exist in software and most of modern technology. Sure everyone wants
to patent their invention because it seems like the thing to do, but is it
really?
Three things happen when you apply for a patent and two of them are bad.
- Someone reads you patent documents, makes a trivial modification to it and
uses it in a way that’s virtually impossible to prove. (50% probability) - Your legal fees eat all your profits for the next 5 years. (60% probability)
- Everyone respects your patent, thinks you are a genius, and throws money at
you to use your technology. (0% probability)