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Submission + - Let's Go Back to Patenting the 'Solution,' Not the 'Problem' (

concealment writes: "Functional claiming of software inventions is arguably responsible for most of the well-recognized problems with software patents today. Software patentees have increasingly been claiming to own the function of their program itself – not merely the particular way they achieved that goal.

Since patentees have regained the ability to claim ownership not of what they built, but of what it does, they have brought suits purporting to own everything from international electronic commerce to video-on-demand to voice over the Internet to emoticons to means of hedging commodity risk. Mind you, the claims aren’t that defendants used their method of implementing electronic commerce or video on demand: the argument is that defendants used the idea itself."

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Let's Go Back to Patenting the 'Solution,' Not the 'Problem'

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