攒RP23 阅读IT界的申请专利问题可能引发很多问题还一篇讲说专利问题，首段讲IT界的申请专利问题可能引发很多问题，下面三段从三个方面讲了问题所在，第一点，科技发展日新月异，专利也层出不穷，发明一项科技专利的同时要保证这专利以前没有申请过，这种搜索工作过于麻烦。
第二点，评定专利的人往往不具备SCIENCE的专业知识和背景，因此可能过高（过低）评价很多其实很烂（很好）的专利（这段有类比题，我选了KITCHEN APPLIANCE那选项）。
第三点，科技专利往往是一群人的智慧，而非个人，而专利权往往授予的是个人。
*现在的patent process对software engineers来说不利，原因有三,一段一个，文章容易。
 The costs of determining if a particular piece of software infringes any issued patents is too high and the results are too uncertain.
Even if a software developer hires a patent attorney to perform a clearance search and provide a clearance opinion there is still no guarantee that the search will be complete. Different patents and published patent applications may use different words to describe the same concepts and thus patents that cover different aspects of the invention may not show up in a search. A simple clearance search might cost $US 2,000. A more comprehensive clearance search might cost $20,000 and up.[citation needed] This is often beyond the means of many inventors. Most software patents cover either trivial inventions or inventions that would have been obvious to persons of ordinary skill in the art at the time the invention was made.
Patent examiners rarely have a comprehensive knowledge of the specific technologies disclosed in the patent applications they examine. This is in large part due to the enormous number of micro-niches in the software field and the relatively limited number of examiners. As a consequence, patents are sometimes allowed on inventions that appear to be trivial extensions of existing technologies.[citation needed] Others debate that these inventions are truly obvious without the benefit of hindsight.[14]
If any member of the public disagrees with a patent office's granting of a patent, they can challenge the validity of the patent once it issues. This is done by an reexamination in the US and an opposition proceeding in Europe. Other countries have similar proceedings. Currently about 5% of all issued patents in Europe are opposed.[15] . § Granted patents may be very different from the published applications, so the published application may only serve as a guide to the final scope of protection.
[此贴子已经被作者于2008-5-11 10:22:20编辑过] | 
京公网安备11010202008513号 京ICP证101109号 京ICP备12012021号
发表于 2008-5-11 06:04:00
