Patent any and every software function or business model, current thinking goes, and your company will be rolling in money. Rob Graham comments that there is a general mentality in today's marketplace that if a company does not act aggressively and file patents, then their competitors will grab that space. Even venture capitalists, says Mr. Graham, have climbed aboard the patent bandwagon. As a result, he says, many patents are drafted to try and protect every nuance associated with a product or business model. Recently awarded U.S. patents have spurred a growing number of lawsuits.
Patent litigation is costly.
For small businesses that pin their hopes on their patent as being the next best big breakthrough, it can be a major jolt. The resort to litigation should really be a last resort. Patent reforms needed One of the problems with the current patenting process, is that patent examiners have not caught up with the speed of change in the marketplace. The skills of patent examiners themselves are in the throes of change. Business method patents had previously been prohibited.