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I'm sure readers are aware of Jim Bessen, head of Research on Innovation and publisher of several comprehensive patent studies.
Bessen wrote in a blog post that many articles I review on this site do not make "pro-software patents arguments," and that he disagrees with several of my readings. I presume, and even encourage, readers to review the articles directly. Feel free to send any notes on my write-ups or put them in the comments section. Out of over 100 articles I"ve written-up on IPcentral, I imagine around 20% as focused on software patents, so Bessen and I a few articles to discuss:)
Bessen also comments that most patent articles I review aim at showing that software patents have not yet harmed the software industry. Word choice is important here. Scholars are not conclusive on software patents' impact on innovation, (see here for a great paper by David Mowery and Stuart Graham balancing evidence on software patents) although several important ones push the argument further than saying that software patents have not yet deterred innovation. Still, software patents have been around for at least a decade. If there was any particularly harmful effect, clear evidence would have emerged by now.
Bessen addresses drawbacks of software patents in how they may account for a major part of the recent surge in patent litigation. Patent litigation, or even fear of patent litigation, can raise the cost of innovation, and poses an important criteria for gauging software patents. If this is the case, then patent law and administrative reform, and judicial doctrine, should target specific aspects of policy governing software patents (Solveig discusses here). The resolution should address the problem.
Bessen raises two other interesting issues: It is no accident that tech firms are leading efforts at patent reform. Although the problems with patents are more general, the problems with software patents seem to be especially severe. The first issue, that the tech industry is active in patent reform, begs the question why there is no significant movement against software patents by small firms, independent inventors and new industry entrants- entities the patent system should serve, which are often used as symbolic victims of software patents. The second issue is that problems with software patents may not be unique, but more pronounced. This suggests that software patents do not cause exceptional problems and that complications associated with them can be resolved.
posted by Noel Le @ 8:32 PM | Software
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