[ale] OT: sort of it is about OSS

[Alex Carver]

On 2/15/2013 11:48, Ron Frazier (ALE) wrote:
> I can see both sides of the fence.  I tend to think software patents
> should be eliminated or severely curtailed.  Things like virtual lab
> test instruments muddy the waters, where, the instrument IS the
> software program, and it's just attached to a bit of I/O conditioning
> circuits.  I tend to think patents should be substantially reduced in
> the modern world.

How much more do you want them to be reduced?  They've been reduced in 
lifespan twice already.  Early on patents could be renewed indefinitely 
in increments of around 10 years (maybe 12, I have to go look again). 
Then the renewal was limited to once.  Now patents are good for seven 
years with no renewals permitted.

In addition, there are two types of patent filing methods in the US and 
the choice determines your protection status overseas.  If you file a 
regular patent without disclosing anything ahead of time, you get seven 
years of patent protection and the patent is recognized overseas and can 
be fought overseas.  However, if you go with an alternate route of a 
provisional patent, you forfeit the overseas protection in favor of 
rapidly acquiring (rapid being about a month instead of a year or more) 
US-only protection for one year while still filing the regular patent.

I've gone through this process once already and am doing it again 
shortly at least twice more.  Shorter than seven years does not make the 
cost and headache of even the patent process worth it.  It took nearly a 
whole year with lots of letters, filings, signatures, rebuttals, and a 
handful of patent attorneys to get one through.  Total expense so far is 
approaching $50,000 just for the cost of acquiring the patent.