"Whether you think that Apple is already too big for its britches or that Samsung deserved to get slammed for $1 billion by a Silicon Valley jury last week for infringing on the iPhone design, there's no doubt where the blame for this corporate firefight lies. The guilty party is the U.S. Patent Office."
"(There being good, viable reasons for 20 year patents on medical products), software, on the other hand, is cheaper to develop and easy to place on the market. Giving it 20 years of protection can only stifle creativity and competition. On those grounds, the Electronic Frontier Foundation proposes to cut software patents to five years; prevent damages from being based on the entire market value of a product when only a small piece of it infringes; and require much more detailed and narrow applications in software cases. That would be a start to rectifying a dysfunction in the patent system that has been developing for more than 20 years, and certainly to prevent absurd verdicts like the one handed down last week in San Jose."
So is the patent system broken when it comes to software? Or will I forever have to cross the Canadian border in order to buy Samsung devices?"