Nuvocom Inc

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Description

Patents must be non-obvious, useful, and novel (i.e., something no one did before). So during the patent examination process, the patent clerk must determine if the invention is "novel," . This requires an examination of the current and historical state of the art to be sure that the invention doesn't already exist. Unfortunately, there is simply no way for a patent clerk to do this with 100% certainty. In the case of software, researching the patent database for "prior art" before 1990 is pointless because prior art isn't there. "Software patents," which are a kind of "business process patent," were not recognized by the USPTO or the courts until 1996 (State Street Bank & Trust Company v. Signature Financial Group Incorporated) Since software was not patentable before this time, none of the early pioneering software technology can be found in the patent database. However, many early algorithmic and other non-software patents have been "continued" in ways that attempt to extend them to cover modern software. The US Patent Office has made efforts to look for software prior art beyond the patent database, but it is impossible - even for skilled patent examiners - to do a really comprehensive search. As a result, many software patent applications are granted for technology that is by no means novel. How does a software engineer check that his new program does not infringe any patent? The flood of patents, and their inconsistent terminology, make this a virtually impossible task. Furthermore, patent applications can remain unpublished for some period of time - so a new patent may appear with no warning just as your product comes to market. Today, any company (or individual) making or using software is exposed to the possibility of a patent infringement suit. In some cases, companies have been formed for the sole purpose of acquiring and enforcing a portfolio of software patents. They approach small or medium sized companies and offer a license. If the offer is declined, a lawsuit is initiated. The accused has the burden of proving non-infringement - a very expensive process. Often, the company pays the license fee, since the cost is less than proving that they don't infringe. Sometimes several smaller companies form a group to defend themselves.

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