The Challenges of Reforming Intellectual Property Protection for Computer Software

The Challenges of Reforming Intellectual Property Protection for Computer Software
Author: Peter S. Menell
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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This article examines three critical, interrelated challenges for reforming legal protection for computer software: (1) analyzing the market failures that might justify government intervention to define (or alter) the legal entitlements granted for software innovations; (2) predicting the likely path of computer technology; and (3) anticipating and navigating potential impediments to legislative reform of legal protection for software. It warns that patent protection for computer software poses serious potential problems and should be addressed before powerful economic interests vest in large software patent portfolios.

Intellectual Property Issues in Software

Intellectual Property Issues in Software
Author: National Research Council
Publisher: National Academies Press
Total Pages: 128
Release: 1991-02-01
Genre: Computers
ISBN: 0309043441

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Software is the product of intellectual creativity, but protection of the intellectual property residing in software is the subject of some controversy. This book captures a wide range of perspectives on the topic from industry, academe, and government, drawing on information presented at a workshop and forum.

Computer software & intellectual property.

Computer software & intellectual property.
Author: United States. Congress. Office of Technology Assessment
Publisher: DIANE Publishing
Total Pages: 34
Release: 1990
Genre: Computer software
ISBN: 142892177X

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Finding a Balance

Finding a Balance
Author:
Publisher: Office of Technology Assessment
Total Pages: 236
Release: 1992
Genre: Law
ISBN:

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This report, prepared by the Office of Technological Assessment (OTA) in response to a request from the House Committee on the Judiciary, examines the rapid and complex technological changes and trends in computer software technologies and their possible effects on the nation's intellectual property system. The three policy issues identified are: (1) the appropriate scope of copyright protection for computer software; (2) patent protection for software-related inventions and algorithms and how the U.S. Patent and Trademark Office will handle these types of applications; and (3) complications facing libraries and commercial and private producers and users of digital information, including computer-based mixed media products. A summary of this report is published separately which contains information found in the first chapter of the complete report. The complete report is divided into six chapters: (1) Summary, Issues, and Options; (2) The Law (patents, copyright, and trade secret law); (3) The International Arena; (4) Software Technology and the Law; (5) Digital Information and Copyright (print and nonprint electronic publishing); and (6) Economics, Intellectual Property and Software. Three appendixes provide a review of selected computer hardware and software initiatives overseas; an analysis of the European Economic Community Treaty and its structure and function; and a list of workshop participants and reviewers. The names of the members of the Congressional Advisory Panel and the OTA project staff are also provided. (ALF).

Computer Software

Computer Software
Author: United States. Congress. Office of Technology Assessment
Publisher: Global Engineering Documents
Total Pages: 256
Release: 1993
Genre: Law
ISBN:

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Finding a Balance

Finding a Balance
Author:
Publisher:
Total Pages: 34
Release: 1992
Genre: Computer software
ISBN:

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Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy
Author: National Research Council
Publisher: National Academies Press
Total Pages: 352
Release: 2003-09-11
Genre: Political Science
ISBN: 0309086361

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This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Finding a Balance

Finding a Balance
Author: DIANE Publishing Company
Publisher:
Total Pages: 228
Release: 1994
Genre: Technology & Engineering
ISBN: 9781568061634

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Analyzes three important issues: the appropriate scope of copyright protection for computer software; patent protection of software-related inventions and algorithms; and complications facing libraries and commercial and private producers and users of digital information, including computer-based mixed media products, such as CD-ROM1s and hypertext. Appendices include: selected computer hardware and software initiatives overseas, and the European Economic Community Treaty structure and function.

Software and Intellectual Property Protection

Software and Intellectual Property Protection
Author: Bernard A. Galler
Publisher: Praeger
Total Pages: 230
Release: 1995-05-23
Genre: Business & Economics
ISBN:

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How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and look and feel. A succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.

Global Dimensions of Intellectual Property Rights in Science and Technology

Global Dimensions of Intellectual Property Rights in Science and Technology
Author: National Research Council
Publisher: National Academies Press
Total Pages: 457
Release: 1993-02-01
Genre: Political Science
ISBN: 0309048338

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As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.