The Case Against Software Patents

Ars Technica is reporting that several patent reform advocacy groups have banded together to collaborate on the effort to abolish software patents.

Says Ars:

Supported by the Free Software Foundation, the Public Patent Foundation, and the Software Freedom Law Center, the End Software Patents (ESP) project aims to challenge the legal validity of patents that do not specify a physically innovative step. In addition to helping companies challenge software patents in the courts and in the patent office, the ESP project will also work to educate the public and encourage grass-roots patent reform activism in order to promote effective legislative solutions to the software patent problem.

This is an important effort, and one that UX professionals should support. As I described in my article a few months back in UXmatters, software patents do more harm than good. They stifle innovation rather than protect and nurture it. As I wrote in UXmatters:

The sad fact is that companies often file for and the US government actually grants patents for user interface and interaction design “innovations” that are either strikingly obvious or have appeared before in other systems—that is, when prior art exists, as someone in the field of intellectual property would say. This means, as user experience practitioners, we are at risk of litigation every time we design an application. Each time we fire up Visio or Photoshop, create a new design, then put it out into the world, there’s a good chance we’re infringing on someone’s patent.

I hope that those of you who are active in the user experience field will learn more about this issue and choose to stand with the ESP project. Even if you don’t agree with me (and them), it behooves you to learn more about the issue. It’s quite easy to ignore - until you find yourself staring down the barrel of an injunction or subpoena.

Patent Reform Coalition Aims to Abolish Software Patents

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