Reply #97: Software vs. Hardware [View All]

Software and hardware both change at a rapid pace but you can't argue that they change at the same pace as each other much less at the rate of bio-pharmaceuticals. Bio-Tech and hardware have much higher costs and lead times; in such a case a 10 year patent would not be unreasonable. If you notice semiconductor technology does not evolve nearly as fast as software and has a higher barrier of entry. The problem with software is not the patent length but the criterion for patentability. Too many obvious, overlapping, and prior-art patents have been granted. This is the fault of the USPTO, and solving this requires going back and invalidating every patent that does not meet a minimum bar. A typical software patent costs ~$25k with 98% of the fees going to attorneys not the USPTO. This is a huge burden on smaller, non-venture companies. The toughest thing might be convincing the IP attorney lobby.

USPTO fees: http://www.uspto.gov/web/offices/com/sol/og/2003/week31/patfees.htm