U.S. Code: Title 35 – Patents



Patent law has been around 61 years of the total of 237 years since the founding of the United States, patent law hasn’t been around longer than it has, and should be continously questioned as it likely came into law to meet industrial needs that are now harmful when applied to software.

In section §102 (a) it describes that a patent can be granted unless the invention is “in a printed publication” and does not recognize legitimacy of publication on the Internet. The invention of software is best described in well commented source code that is well documented and would not likely be best suited to be published “in a printed publication”.

Prior art seems to need to be published “more than one year prior” as defined in section §102 (b) to be able to prevent a patent from being granted, this seems to be too long, and does not give enough validity to inventions declared publically without a patent application.

Patent laws makes an assumption that the gender of the inventor is male in section §102 (c) and (f) and should be changed to be without gender.

Section §161 describes patents for plants, and are limited to asexual reproduction. With access to the variety, it could be possible to create a nearly identical variation and not be limited by the patent. Similar to software patents, the “source code” and a description of how to create the invention, does not appear to be included. Leading quite possibly to Non Disclosure Agreements becoming a part of agriculture work to prevent the variety from “branching” with limited access to “genetic code”. I question the intent of the law to benefit the public.

Download Full Text (PDF 264 pages) | Source