Intellectual Property for programmers: resources for understanding software patents

Question

In the course of my work as a software developer, I'm asked more and more often to evaluate patents (competitors' or ours), and I find that I lack the necessary skills to do that effectively. I'm used to reading scientific articles, but patents are deliberately vague, and seem to require a completely different know-how.

I'm not trying to become a patent attorney, but I feel that a basic knowledge of intellectual property, and especially of issues related to software and embedded systems, would make me a wiser developer.

Can you recommend "programmer-friendly" resources (books, websites) to understand IP? I'm looking of something along the lines of "how to read a patent and find flaws in it" or "how to debunk a software patent" written for a lay person.

Edited to clarify that I don't mean to replace a lawyer's work, just to improve my contribution as a subject-matter expert when asked to collaborate with legal people on the evaluation and preparation of patents.

Answer 1

Well, the long and short of it is that when you say that patents "seem to require a completely different know-how" you are right. The necessary skills to evaluate a patent effectively come from getting a JD and passing the bar.

That being said, Ben Klemens' book Math You Can't Use, despite making the argument against software patents, provides an excellent introduction to the important decisions in the area and the basic legal requirements. It's aimed at a technical (as in technology) audience and makes for a pretty good read.

Answer 2

As has been said, it is a completely different know how, and you are not likely to have the background or knowledge to do it correctly.

That being said, they are often very vague for a good reason, they can be left open to interpretation and therefore expand the ability for claims can be made against infringement. Even two patent lawyer will not necessarily agree on what constitutes a violation, (depending on the patent) which is why lawsuits abound in this area. I have read of companies that exist solely for the purpose of creating questionable patents so they can make money off frivolous lawsuits.

I would recommend that you let your higher ups know that they should not make any decision based on your patent interpretation that could affect the companies business.

Answer 3

I've found this resource: How to Read a Patent which seems helpful, especially the section on claims. It's meant for inventors, so it's not software specific, but it looks like information I could use.

Answer 4

I am not an attorney nor am I qualified to give credible legal advice. You might be able to handle the Provisional Patent Application but when it comes time to file the Regular Patent Application, you should hire a patent attorney. The PPA expires a year after the file date. The PPA is useless without an RPA. The effectiveness of a PPA is disputable.

Even if you do hire a patent attorney, you could still get a lot of value out of reading Patent It Yourself by David Pressman.

• You'll be able to communicate more effectively with the lawyer if you have some understanding of the patent application process.
• You might be able to save some bucks if you can do everything but the claims section.
• It is the claims section that is the most important, from an offensive rights perspective, and the hardest to write.