A Guide To Open Source Security
Software may not infringe on a patent when it was released, yet the identical software program could later infringe on a patent if the patent was granted after the software program's release. Many software developers discover software patents obscure, making it tough for them to determine if a given patent even applies to a given program. Patent examiners have comparatively little time to review each patent, and don't have efficient access to most prior art in software, which may cause them to grant patents for previously-published inventions or "obvious" innovations. The U.S. has granted numerous software patents, making it tough and dear to look at all of them. Recent rulings have strengthened the requirement for "non-obviousness", which in all probability renders unenforceable some already-granted software program patents, however presently it is tough to determine which ones are affected. As a outcome, it's tough to develop software and be assured that it doesn't violate enforceable patents.
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