I don't think this provision will work. In practice software developers would then be required to keep the equivalent of lab notebooks and write down everything they do so if there is a lawsuit it can be proved that the invention is independent. While developers are already forbidden by most companies from looking at patents so as to prevent claims of willful infringement I can see legal departments forbidding software from reading papers and using much of the internet so that in case of a lawsuit it can be proved that a developer truly arrived at a solution independently.
Now the novelty claim is a somewhat separate issue. I don't have a good solution to this and there is a lot of ambiguity that arrises here.
It seems to me limiting the duration of a patent is the best solution. There is some precedent for this with the adjustment of how time for pharma patents are measured.
Now the novelty claim is a somewhat separate issue. I don't have a good solution to this and there is a lot of ambiguity that arrises here.
It seems to me limiting the duration of a patent is the best solution. There is some precedent for this with the adjustment of how time for pharma patents are measured.