Well its fair to say that the patent system is fairly upside-down. As is:
1. Patents are getting to be general concepts, not actual designs.
2. Patents are being handed out to groups who didn’t invent the darned things.
3. Patents are issued, even though the idea already existed previously.
Again, due to ignorance of the North American government, this is only happening in the computer industry. Such disregard for the basis of what patents represent (ie. rewarding those who invent things) is really going to screw over future innovation. This is the equivalent of allowing someone to patent the idea of “using flour for food” in today’s modern age. It fits the criterias after all: its a general concept, encompassing many other innovations such as “bread” and “cake”. It is issued to someone/group which has nothign to do with inventing it, and it is being issued even though the idea existed previously.
Why do I bring this issue up? The US Patent Office just allowed McAfee to patent the underlying concepts of todays firewalls, as well as tracerouting. Both things McAfee did not originally invent. Both things that existed previously. And both things that areconcepts…. McAfee isn’t patenting code here, they’re patenting a general idea.
This also means that McAfee is free to sue Norton, ZoneAlarm, Kerio, Sygate and all the other corporate entities that have developped firewalls over the years. The European Union is still in the process of negiotiating the permittance of Software Patents. Thanks to Poland, the laws have yet to pass on this issue (this is a good thing).
I’m not against patenting software. Or at least patenting good sizeable chunks of code. What I am against is the current level of incredible abuse going on in the patent system. In its current North American form, such ignorant patent laws will only deter future innovation and screw us over as people in general.