== Purge of Stubs == 

 Below are stubs that I had included in the main article hoping that others would take interest and flesh them out.  As this has not happened I have moved them here.  If you do want to add to the main page, then please first move these stubs back and then carefully consider the structure of the page.   

 We do not want it to degenerate like it did last time. 

   aberglas 

 == Legally-based arguments == 

 Proponents argue that software inventions are technical and so there is no reason that they should not be given patent protection.  The distinction between sofware and non software inventions is arbitrary.  Organizations have the right to protect their intellectual property. 

 Antagonists argue that software patents should not be considered to be intellectual property in the first place. 

 Proponents argue that software patents are necessary to meet TRIPS obligations.  Antagonists argue that TRIPS does mandate that software be considered patentable. 

 == General economics of software patents == 

 Proponents argue that patents protect investment in software technologies.  This justifies the "odious monopoly" that is created by them. Further, the monopoly rewards inventors for disclosing their invention and so educating others familiar with the art.   Invention is rare and that monopolies must be granted in order to encourage it. 

 Antagonists argue that this is not the case. 

 Patenting of interfaces.  Patenting of standards. 

 == The software patent process == 

 === Obtaining software patents === 

 Expense. 

 === Examination quality === 

 * Assessment of prior art, inventive step. 
 * PTO's incentive to grant patents. 
 * Skill of PTO staff.  Pay. 

 === Defending patents === 

 * Cost, delay. 
 * Effect of uncertainty on customers who may also be sued. 

 === Avoiding patent infringment === 

 * Difficulty of searching for patents.   
 * Some lawyers disapprove of clients searching patent databases as the USA provides for tripple Damages for knowingly infringing a patent.  If a lawyer does the search there is legal privilige between them and the client. 
 * There are many, poorly classified patents.  The EPO 30,000 has software patents (needs to be checked). 
 * Obsure language of patent descriptions and claims. 
 * Many invalid patents. 

 === Patent sharing agreements === 

 Large organizations such as Microsoft, and SAP enter into patent sharing arrangements in which each agrees to licence their portfolio to the other.  Indeed, that can be the main reason for filing patent applications. 

 == People and Organizations == 

 === Intellectual Property Professionals === 

 Most intellectual property professionals agree that software should be patented.  But antagonists argue that those experts have a direct economic interest in promoting software patents. 

 === Large Companies and Organizations === 

 The following organizations support Software Patents:- 

 * USPTO 
 * EPO 
 * Microsoft 
 * IBM 

 The following organizations oppose Software Patents:- 

 * Oracle 

 === Small to Medium Enterprises === 

 Stac Electronics successfully sued Microsoft for patent infringment. 

 Intellectual property companies that create inventions to file patents rather than develop systems.  Eg. Intellectual Ventures 

 === Open Source Community === 

 The open source community strongly opposes software patents because they have no method to pay royalties. 

 === General Software Engineering Community === 

 Seems to generally oppose software patents, as evidenced by the large number of signatures to petitions opposing software patents. 

 == Philosophical arguments == 

 Proponents argue that intellectual property should be protected.  Antagonists argue that thought should be free. 

 == Proposals for reform == 

 Change term. 

 == Interesting Quotes == 

 === For Software Patents === 

 === Against Software Patents === 

 * "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today."  Bill Gates, Microsoft, Memo in 1991. 

 ==References & Resources==