Apple may have finally gone where even Microsoft has feared to tread with its absolute ludicrous software patent lawsuit against HTC. One, unless Ballmer and Jobs have secret cross-licensing agreement, Microsoft patented the idea first. But both Apple’s and Microsoft’s touch screen patents can be thrown out because of this thing called prior art and also looking closely at both patents, they’re not inventions, they’re concepts – you can’t patent a concept, otherwise innovation stands still and nothing gets done or better.
Just because the idiots at the USPTO can’t tell the difference between an invention and a concept – witness IBM patenting a method for going to the toilet to take a dump – does not make that a viable patent – a patent can be discredited the same way a law can be declared unconstitutional. Someone should really shut down the USPTO , spank those friggin’ clerks, and start all over. Compelling arguments given by Farhad Manjoo at Slate.com. Google may finance HTC’s lawsuit and bring this one to the Supremes to finally kill the idea of software patents once and for all. It would be a free-for-all, may be in a good way, may be in a bad way , may be both. But at least you’d see companies scrambling to compete to make stuff better, doncha’ think?