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Fred Wilson, a VC who opposes software patents (he has opposed them for years for business reasons), says that famed developer and writer Joel Spolsky is going after a patent of his former employer (Microsoft), putting an end to it:
Yesterday Joel Spolsky, Stack's CEO, wrote a great post about how he used Ask Patents to squash a bad software patent applied for by Microsoft.
The other 40,000-odd software patents issued every year are mostly garbage that any working programmer could ‘invent’ three times before breakfast.”
The basic problem is that the USPTO grants waaay too many patents on software, patents that don’t actually accord with the basic principles of what is necessary before a patent is justly granted. These two are that the invention must be novel and that it be non-obvious. If, just as an example, there are four wheeled cars, three wheeled, and motor bikes with two, there are also cycles with four and two wheels, then the idea of a three wheeled cycle is pretty obvious. Arguably a patent application for the tricycle would fail. The novel part is usually worked through by looking for prior art. Essentially, evidence that someone had descibed or even made something similar before. And prior art can come from anywhere. It wasn’t possible for anyone to patent the geostationary satellite because Arthur C Clarke described it in some of his popular science writing.