IEEE Spectrum: Patents 2.0  Writing in Spectrum online,  Lee Hollaar sugests ".... scrapping software patents altogether is not the solution. Instead, I propose that a new form of intellectual property be considered that gives reduced benefits in exchange for speedy protection."

Perhaps the most interesting aspect of Hollar's suggestion is that showing that the technology had been independently created before the patentee's first commercial use would be an absolute defense for a second party, but the patent would still be valid against others who couldnot show substantial developement of their product prior to the patented product's introduction....