Comments on: That security patch your product needs? Sorry, we’ve patented it

By: David Schwartz

David Schwartz — Wed, 20 Jun 2007 03:17:05 +0000

Almost anything that can be done can be done in software. It’s hard to imagine how software, regardless of what it did or how it did it, could not be subject to patent.

Software is no different from a precise sequence of instructions. Name an invention that can’t be implemented in the form of a precise sequence of instructions (and something capable of following them)?

By: Jim Collins

Jim Collins — Tue, 19 Jun 2007 08:02:48 +0000

Talk about playing Russian Roulette. Intellectual Weapons has stated that they are prepared to take this issue to court. With the unpredictability of the US Court system, I don’t think that anyone will challenge them. I don’t see where this is any different than extortion.

By: Bill Poser

Bill Poser — Tue, 19 Jun 2007 02:24:59 +0000

Until fairly recently it was assumed that software was not subject to patent in the United States. The granting of software patents began as the result of a lower court decision, without any change in legislation. To my knowledge the Supreme Court has never ruled on this question. It is therefore an open question whether such patents would be enforceable.

By: David Schwartz

David Schwartz — Mon, 18 Jun 2007 18:10:56 +0000

One would think that once one is aware of a vulnerability, how to fix it and how to detect it would be obvious.

I think recent Supreme Court precedent pretty much closes off the counter-argument “sure it’s obvious how to fix it, but why would anyone make that change unless they knew of the vulnerability”. These “why” or “motivation” type questions are no longer relevant to the question of obviousness.

By: Jim Collins

Jim Collins — Mon, 18 Jun 2007 10:00:56 +0000

Let me see if I have this right. If you find a flaw in a company’s software and know how to fix it, these guys want to patent the fix so that the software company has to pay them royalties or else they will sue. You have got to be kidding me! Will this stand up in court?