There has been a great deal of very serious debate regarding patent inflation over recent years, not just in the IT world, but also in powerful political circles. Over a period of seven years, for example, the number of patent applications filed at the European Patent Office increased from 110,000 in 1998 to more than 180,000 in 2005, a rise of 60%.
This trend in patent inflation points to a deterioration of standards at that particular patent office. It can be argued that the number of patents issued gives some indication of a rise in the amount of innovation of a particular segment of society and thus the competitiveness of its economy, but this is not necessarily so.
Patent inflation could just as easily come about because patents are being applied for and issued for more and more trivial or frivolous inventions. If patent inflation were to be reduced so that only high quality patents were issued, that country would arguably become a highly attractive venue for novelty.
The protection offered by patents has had the effect of being an encouragement to some inventors, but patent inflation would have the effect of lowering standards and introducing a conglomeration of bureaucracy into industry.
Much of the debate, especially in Europe, is centered around proposed legislation that would legalise software patents. Patents give protection to the patentee for a period of twenty years – in retrospect this means that software developed twenty years ago and patented then would only become available freely today, whereas the rapid development of the IT industry has meant that most software has become out-of-date within three to five years of it being written.
It is almost impossible to predict how software development will proceed five years ahead, let alone twenty. Software is automatically protected by copyright anyway, and copyright gives longer protection than a patent. Patent inflation will do nothing to help the man in the street or the small business.
The Oracle Corporation Patent Policy states that "The Company believes that existing copyright law and available trade secret protections, as opposed to patent law, are better suited to protecting computer software developments.”
Patent inflation will only result in the software industry falling under the complete control of a cartel of large corporations to the detriment of smaller organizations and of open source software. Eventually the software industry would face the inevitable prospect of an industry coming to a complete standstill.
The effect of patent inflation would be felt throughout society, from the humble household up to the lofty chambers of government. The debate continues on a day to day basis. The Legal Service of the European Parliament, which stated that the proposed European Patent Litigation Agreement (EPLA) directly contradicted existing European laws and treaties, recently declared it illegal.
For the latest information regarding patent inflation and software patents don’t hesitate to contact one of our highly qualified patent attorneys, who will be happy to assist you.
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