Why Technologists Want Fewer Patents - WSJ.com

Why Technologists Want Fewer Patents - WSJ.com: "One measure of how badly the patent system needs reform: IBM, for years the company that's been assigned the greatest number of patents now says too many patents are being granted. IBM is also the leader in 'business method' patents that the court could now invalidate. Several justices have doubted that software can be protected by patents. Industries from high-tech to biotech and financial services are watching the case of Bilski v. Doll with intense interest."

"The makers of almost every new product have to jump through hoops to make sure they haven't violated a patent, which is one reason that patent king IBM is willing to toss in its crown. "In the Industrial Age, innovation primarily was the result of work by individuals or small groups within an enterprise," explains IBM lawyer David Kappos. "The nature of innovation has changed. Today, we benefit from inventions made possible through highly collaborative and interconnected technologies. Many of the products that consumers demand are complex and include contributions from multiple innovators that incorporate hundreds if not thousands of patented inventions."

Mr. Kappos notes that this "increases the need for predictability and clarity in determining the valid scope of patent rights." As things now stand, the vagueness of patent law means the "precious time of skilled scientists and engineers is too often spent defending against costly and time-consuming litigation, instead of creating innovations that drive economic growth." Incentives still need to be available for individual inventors and start-up companies, giving venture capital a key role in funding businesses based on new ideas."