I hate patent

我绝不掩饰我对“专利”的反感,反感的对象还包括令其合理化的“专利法”和其卫道士。

我没有必要掩饰我的可能被判激进的观点——专利是一种恶行——当然也许要有人说我吃不到葡萄说葡萄酸。

最近佳能的一个广告宣传其有多项专利凸现其技术实力(讽刺的是它再怎么吹嘘,也只好说自己是专利数全美国第二,事实上专利数量它连第一的1/3也不到,光着腚子也赶不上),实在令我对它的印象大打折扣。幸好我买的是HP的打印机……

对于一般的专利,我就是反感;对于吹嘘专利的公司,俺要做的就是不买它的产品;但是对于软件专利,我则是深恶痛绝!!!

这里有篇blog写道:

The situation with software patents is getting really absurd. Take for example the recent Sun versus Kodak.
Sun has paid vast sum of money to resolve the dispute. Why would someone pay 92M USD when there is no merit in the matter? The answer is simple: because it is cheaper to settle than to prove the truth in courts. That is saying something about the whole legal system and the patent system in particular.

I have really crazy idea: what about granting only patents that are relevant? How could you possibly do that? Simply by requiring some sort of review process before the patent application is accepted to become a patent. It would be enough if the patent office asks some expert group to vote for or against the patent being granted. The vote would be public so the asked experts would not dare to ruin their profesional reputation by stating nonsense during the vote. They can be even paid by the applicant for doing the job - isn't patent application expensive already?

The question remains who would appoint the expert group: I don't have answer but beleive there would be a way - e.g. the patent office could appoint them.

But I am not that naive - I know this will never happen. There are too many people making good money by using the current system. Why would they want to change it?

作者提出的方案并非不可行,但是那需要一个有制衡的社会。如果在欧美都无法做到,更不用说在中国。不知道专利局是如何考评业绩的……

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