Patent Obsolescence

The Lodsys debacle over the past 2 weeks as really shaken up our little (or not so little) community of iOS developers. The patent itself is now obvious to anyone who has ever done any kind of programming over the past 10 years. The concept of an “Upgrade” button after all is pretty simple. Especially in 2011 where we now have app stores and complex frameworks abstracting the work for us.

Beyond the validity of the patent and wether or not Apple has the right to sub-licence their rights, this case for me is the perfect example of why software patents as they exist today are ridiculous. Now we could argue that software patents should not be possible at all, a position I’m more than willing to agree with, but at the very least, the current 20 years period of protection in the US for a patent makes no sense in the insanely-rapidely evolving world of technology.

When the patent law was drafted in the US, those kinds of periods made sense. It works beautifully for example with the pharmaceutical industry where developing a new drug can take billions of dollars in research. Where it doesn’t work however is when a software developer thinks of a new algorithm to fix his problem. Regardless of how imaginative the solution is, protecting it for 20 years makes no sense on the Web.

This particular case affects me and my clients greatly so I’m obviously eager to see what will happen, but beyond that, I hope this example will be the drop that overflows the bucket and will convince the US congress to re-examine the law. It’s much needed. In fact it was much needed 2 years ago.