Following a call for submissions from the Israeli Patent Authority, the Israeli Free Software Society, Hamakor, submitted a memorandum calling for the annulment of the Software Patents. A Memorandum drafted by Adv. Jonathan J. Klinger, Hamakor’s chief legal counsel, presented a tough and strict approach claiming that software patents harm innovation and incur high legal costs on software developers.
“protecting software through patents shall provide protection on ideas, which are usually expressible in more than one manner, and shall be the beginning to a race to the bottom where every person shall register as many patents possible and incur high costs on each player in the software field”, said Klinger, and added that “the chilling effect created by the fear of using software protected by patents, be it free software or proprietary software, and incur costs on the system solely in order to purchase insurance from the theoretical patent infringement. In such case, any independent development of software without legal assistance from the first day of development shall be problematic, and deter developers from developing free software or promote innovation”.
Until recently, the Israeli patent authority rejected Software Patents and provided protection only regarding hardware (in re Eli Tamir). However, the recent call for submissions had raised the fear that software patents shall be used to deter innovation.
Currently, Israeli venture capital funds and technology evangelists often see patents as the core asset when protecting software companies from competition, which creates a race to the bottom that requires startups and innovative companies to register patents in order to raise funds. Hamakor presents, in its memorandum, a new approach focusing on people and not patents, as the core asset of the Israeli Innovation.
- Hamakor, Israel’s Open Source Society, calls for annulment of Software Patents for the English version of the memorandum
- Hamakor’s website for Hebrew version of the memorandum