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Is it Patentable?
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   concept for software
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Re: concept for software
« Reply #5 on: Jun 3rd, 2005, 2:38am »
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now I've read people get angry about me patenting software.  should I be wary about who I'm hurting or screw them?  or if its novel enough (which it is) it wont hurt anyone?
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Re: concept for software
« Reply #6 on: Jun 3rd, 2005, 10:25am »
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Well, one thing I've learned over the years is that just about everything you do will really annoy someone somewhere.  If you don't want to annoy anyone, don't do anything.  Wait, that will annoy someone too.
Sorry, you can't win.
There's nothing wrong with patenting software.  You can always get a patent and then choose not to enforce it.  However, we've all seen that's not enough to appease the EFF, Greg Aharonian, and the whole anti-software-patent crowd.
If you're curious about the political ramifications, visit web sites of the EFF, Greg Aharonian, etc. (just Google or Yahoo! those people/organizations and/or "software patents").  
But, when you're done there, talk to someone who actually knows something about patents.  Make sure the people you ask (in this phase II) know something about patent law and have actually read a patent, including the claims.  It will be an interesting contrast to those perspectives you might have seen in phase I above.
This is a good place to find people who actually know something about patents.  You can ask your "They say ... , is that true?" questions here.
Lastly, and this is kind of important, the question as to whether software patents should exist and the question as to whether a particular business venture should have patents on their software are entirely different questions.  Don't confuse the two.
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James D. Ivey
Law Offices of James D. Ivey
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