After the outcry around patents being granted for trivial, obvious or well-known software algorithms and techniques, the process for granting software patents is poised to become considerably more stringent. A lot of people in the software industry feel that many patents that had previously been granted should not have, and as a result, the process of software innovation has been adversely affected, especially when patents are used to roadblock small and innovative companies.
Part of the problem with the process has been that the bar to jump for granting a patent was quite low. Many feel that only processes that show significant level of innovation or genius should be worthy of receiving patents.
Congress is on the verge of legislating tighter restrictions around patents in an effort to block individuals and companies from opportunistically enforcing patents. In addition, a number of people are calling for the US Patent Office to supplement their internal reviews with outside review panels to raise the rigor of the scrutiny.
But there will be resistance to reform, especially from people outside the software industry, The pharmaceutical industry in particular relies on patents to support the very expensive laboratory development work that goes into creating a new drug. Nevertheless, patent reform seems to be on the horizon.
