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  • My Legal Briefcase

    Software Patents
    Posted: 2012-01-20 06:00:17

    I wrote a paper for the Tim Review and a post for itBusiness on software patents and the impact it having in the tech sector {see below for links to them}. Please let me know your thoughts.


    There are more losers than winners with software patents

    Today, it seems to be common rhetoric that if you are a successful software startup, you will eventually be sued. If you have conducted business in this industry for any length of time, you likely know of a company that has become the target of a software patent suit.

    Technology Innovation Management Review

    Software Patents: Current Challenges and Future Solutions


    Software patents for years have been used in the software industry to suppress innovation, kill competition, and generate undeserved royalties. This article considers whether software patents maintain the right “bargain between the inventor and the public” where, in exchange for disclosure of the invention to the public, the inventor receives a limited monopoly and the exclusive right to exploit the invention. This article argues that they do not and then explores possible solutions to address the problems identified. Those solutions include streamlining the patent process, making it more difficult to patent software innovations, making it easier to invalidate software patents, and shortening the patent protection from 20 to 10 years. The article closes with a call to action for people to work collectively to effect change in the industry.

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