...Software Copyright and Patents Introduction The escalating speed of the advancement in the software industry has put many parties in a competitive race to come up with new softwares for commercial purposes. This digital arms race contributed to a rapid increase in software patents from a mere 45 average patents a week in year 1985 to an average 1200 patents a week in year 2012 (Patent Metrics, 2013). Intrigued by such large numbers of software patents, multiple studies have been carried out by scholars to investigate the impact of software patents to the software industry. The studies sparked an ongoing debate on whether software copyrights and patents are beneficial or detrimental for the software industry. This paper touches lightly on the methodology of software copyrights and patents under the current standards of the World Intellectual Property Organization (WIPO). It then explores the benefits of copyrights and patents in the software industry and lay out the drawbacks of software patenting. Finally, this paper provides a possible four-point solution to the problems concerning software patents. Methodology of Software Copyrights and Patents According to WIPO, copyright is defined as something that “provides exclusive legal rights to a creator to publish, print, perform or materialise an original work and authorize others to do the same” (2002). In the context of software copyright, a software is subject to copyright as soon as it is documented in a verifiable manner...
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...Disadvantages of software Patents 1. Furthering Monopoly Software patents let companies such as Oracle buy up patents on technology created by others and then launch lawsuit after lawsuit as a way to generate revenue. This is what it means to be a "patent troll," and it's of course motivated by the huge sums that have been awarded by the courts in the past. It also puts the advantage squarely in the hands of the industry's monoliths, which are the ones with deep enough pockets to acquire and assert all that intellectual property. 2. Hindering Innovation By their very definition, patents reduce the sharing of new ideas. In the software industry--which relies on just that kind of diffusion to spur further innovation--that's particularly destructive. Software patents frequently have very broad or vague boundaries, making it highly unclear where the patented piece of a program begins and ends. Frequently, software patents cover what can be considered the equivalent of a sequence of notes in a piece of music; imagine if that were to happen in the music world! It has also been historically very difficult for patent offices to judge patent quality, or to realize when a patent application is too broad or covers something trivial. 3. Cost and Time Patents are extremely expensive, and the examination process takes a very long time. Not only are the costs extremely high to determine if a particular piece of software infringes any issued patents--thereby reducing the funds companies...
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...found to my surprise that I'd been granted four patents. This was all the more surprising because I'd only applied for three. The patents aren't mine, of course. They were assigned to Viaweb, and became Yahoo's when they bought us. But the news set me thinking about the question of software patents generally. Patents are a hard problem. I've had to advise most of the startups we've funded about them, and despite years of experience I'm still not always sure I'm giving the right advice. One thing I do feel pretty certain of is that if you're against software patents, you're against patents in general. Gradually our machines consist more and more of software. Things that used to be done with levers and cams and gears are now done with loops and trees and closures. There's nothing special about physical embodiments of control systems that should make them patentable, and the software equivalent not. Unfortunately, patent law is inconsistent on this point. Patent law in most countries says that algorithms aren't patentable. This rule is left over from a time when "algorithm" meant something like the Sieve of Eratosthenes. In 1800, people could not see as readily as we can that a great many patents on mechanical objects were really patents on the algorithms they embodied. Patent lawyers still have to pretend that's what they're doing when they patent algorithms. You must not use the word "algorithm" in the title of a patent application, just as you must not use the word...
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...realized recently that we may be able to solve part of the patent problem without waiting for the government. I've never been 100% sure whether patents help or hinder technological progress. When I was a kid I thought they helped. I thought they protected inventors from having their ideas stolen by big companies. Maybe that was truer in the past, when more things were physical. But regardless of whether patents are in general a good thing, there do seem to be bad ways of using them. And since bad uses of patents seem to be increasing, there is an increasing call for patent reform. The problem with patent reform is that it has to go through the government. That tends to be slow. But recently I realized we can also attack the problem downstream. As well as pinching off the stream of patents at the point where they're issued, we may in some cases be able to pinch it off at the point where they're used. One way of using patents that clearly does not encourage innovation is when established companies with bad products use patents to suppress small competitors with good products. This is the type of abuse we may be able to decrease without having to go through the government. The way to do it is to get the companies that are above pulling this sort of trick to pledge publicly not to. Then the ones that won't make such a pledge will be very conspicuous. Potential employees won't want to work for them. And investors, too, will be able to see that they're the sort of company...
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...Introduction During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year. This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a totally different...
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...Legal Aspects of Management Project Report on Case of NTP vs RIM PATENT INFRIGMENT CASE Submitted to:- Submitted by:- Mr. Maneesh Yadav Dheeraj SurI JL12PGDM060 ------------------------------------------------- Company Background RIM Mike Lazaridis founded the wireless device company Research in Motion (RIM) in 1984 which has its headquarters in Waterloo, Ontario. Their best known product is the Blackberry handheld communication device. RIM not only produces the BlackBerry, but also develops its own software for its devices as well as developing and selling embedded wireless data components ("Research In Motion"). In 1999 the first BlackBerry was released. It used the same hardware as the Inter@ctive pager 950 - a pager RIM worked on with RAM Mobile Data and Ericsson. The first BlackBerry also ran on the Mobitex network which was developed by...
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...RIM vs Glenayre Technologies, Inc. This claim, a response to an earlier suit brought forth by Glenayre, insisted that Glenayre blatantly imitated BlackBerry technology and marketing. Later in 2001, Glenayre's initial 1999 patent suit against RIM was dismissed. In early 2002 RIM and Glenayre agreed to drop their remaining lawsuits and work together to develop a wireless e-mail device that would incorporate Glenayre's messaging software. During this same time, RIM also obtained a U.S. patent called the BlackBerry Single Mailbox Integration patent, which covered technology that gave users the ability to have a single e-mail address on both wireless and desktop systems (http://www.answers.com/topic/research-in-motion-ltd-usa). The patent applied to the system and method that RIM pioneered for redirecting information between a host computer system and a mobile communications device. Another instance in which RIM was forced to protect its Intellectual Property is RIM vs. Handspring (makers of the Palm Treo). On September 16, 2002, Research in Motion was awarded a patent pertaining to keyboard design on hand-held e-mail devices. Upon receiving the patent, it proceeded to sue Handspring over its Treo device. Handspring eventually agreed to license RIM's patent and avoid further litigation in November of the same year. In recent matters, Research in Motion...
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...artistic and literary works, as well as symbols, images, names used in commerce. The law protects IP with patents, copyright, and trademarks, all of which are legal means that are there to assist the creator in protecting unique ideas, inventions, and other non-tangible property and as well as giving the opportunity to receive recognition or financial benefit for what they invent or create (World Intellectual Property Organization, 2014). Intellectual property affords competitive advantages to a company. “Defining IP as an asset aims to provide it the same protective rights as physical property. Obtaining such protective rights is critical as it prevents replication by potential competitors - a serious threat in a web-based environment or the mobile technology sector” (Cohen, 2011). One such case, where patents were violated was a lawsuit brought on by Apple against Samsung. In 2012, a U.S. jury found Samsung guilty on six out of seven accounts of violating patents Apple had filed. Four of the claims were regarding design patents, “related to the appearance of the iPhone (the use of white and black on the devices and the rounded edges on the user-interface icons, which Samsung was found to have violated, and the tablet computer’s rectangular design, which Samsung did not violate)” (Cusumano, 2013). Apple also filed three claims concerning utility patents, which involved both software and hardware that control how the device enlarges documents when “the user taps the screen, distinguishes...
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...000 Research salaries 51,300 Costs of testing prototype 70,800 R & D Expense P668,100 b. Fees paid to Phil. Patent Office P 7,500 Drawings required by the patent office 14,100 Legal costs of filing patent 38,100 Patent cost, January 1, 2004 P 59,700 Less amortization of patent for years 2006 and 2007 (59,700/ 17) x 2 yrs. 7,024 Patent carrying value, December 31, 2007 P 52,676 c. Patent carrying value at December 31, 2008 59,700 x 14/17 P 49,165 Remaining estimated useful life at January 1, 2009 ÷ 5 Amortization expense for year 2009 P 9,833 6-2 (May Company) Patents Cost P192,000 Less accumulated amortization 36,000 + (156,000 ÷ 8) 55,500 P 136,500 License Cost (80 x 600 x 2/3) P 32,000 Less accumulated amortization (32,000/4) 8,000 24,000 Trademark Cost (80 x 600 x 1/3) P 16,000 Less accumulated amortization (16,000/4) 4,000 12,000 Goodwill (12M – 8M) 4,000,000 Total intangible assets P4,172,500 6-3 (July, Inc.) |2001 | | | | |Jan. 3 |Patents |196,000 | | | | Cash ...
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...This paper aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s...
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...Summary University Patents seeks to transfer technology from research universities to preexisting companies via the licensing of patents. Most universities have an office of technology transfer that is responsible for bringing the research/patents generated by the university to market. Some universities are very effective in this area (i.e., Stanford, U of Wisconsin, MIT), but most lack the work force and network to place most patents. Universities traditionally focus on the patents that will bring in substantial amounts of money, yet only 0.6% of licenses generate in excess of $1,000,000 in annual royalties. University Patents has the ability to not only assist the universities in placing technology but, due to the singular focus of the company, also increase the revenue to the university by increasing the number of licenses written. University Patents will generate income by taking a commission off each successful placement. Most patents generated by university research are not, by themselves, able to sustain a business. They are most valuable to existing companies already in a market that can use new technology to increase a product line or slightly diversify their business into a market in which they have an expertise. The small size of these patents mean that most Venture Capital (VC) firms are not interested in these patents and the universities are reluctant to spend time trying to place them. University Patents will be able to focus on these smaller patents and the business...
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...[pic] Assignment on Intellectual Property Comparison Between Developed And Developing Countries. Submitted to Fahmida Hasan Senior Lecturer Department of Business Administration Submitted by |Name |ID | |Rajib Kundu |2010-2-10-329 | |Rakib Hasan Rabbi |2010-2-10-300 | |Razuan Ahmed |2010-2-10-071 | |Almahmud |2010-2-10-048 | |Showrav hasin |2010-2-10-074 | |S M Mostafizur Rahman |2010-1-10-092 | Section : 1 Course No : BUS 361 Course Name: Legal Environment of Business Transmittal Letter April 4,2013 Fahmida Hasan Senior Lecturer Department of Business Administration, East West University ...
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...Subject: Case 2-9 Coping with Corruption in Trading with China Prof - 24/02/2014 Assume you are the CEO of a new firm that has perfected a package of software applications for medium and large sized companies to help manage intellectual property applications (patents, trademarks, copyrights). Licenses for companies in the United States have sold briskly, at $ 2000 per company for more than a year. Now you have heard rumors that your software is being pirated in China. Ironic, isn’t it? Write a briefing for your board of directors with a specific plan of action to address this leakage of your intellectual property into the Chinese market. We all know that there are lots of challenges entering the China market for international companies. First, we need to consider the two broader issues, establishing if the company either should or not bring its products to China. We have to consider that China is evolving in technology and innovation, and that provides a measure of hope for all technology owners. It is a risk and the company should be prepared to fight it. I am here to address this piracy problem that our company may have and address some certain precautions that can substantially lessen the risk. For example, setting up a solely owned foreign company where possible to manufacture the product is a better alternative, rather than entering into a joint venture. I say that once it provides more control over who has access to the technology and knowhow...
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...INTELLECTUAL PROPERTY(IP)-This refers to the creations of mind: invetions, literary and artistic works and symbols, names, images and designs used in commerce and trade. IP is divided into two categories- 1-Industrial Property-which includes inventions (Patents, Trademarks, Industrial Designs and Geographical Indications of source) 2-Copyright-which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures and architectural designs. WHAT ARE IPR’s? Intellectual Property Rights are the rights given to people over the creations of their minds. With rights in hand, through the exploitation of IP, the individuals or the business organizations earn profits either through manufacturing or licensing and which is a reward for their innovative efforts. It also acts as a stimulus to R&D efforts. NEED FOR IPR’S: Michael Porter in his work on “Competitive Advantage” stated that differentiation is a key to business competitiveness. This can achieved through product, experience, technology or way the things are performed and exhibited to satisfy the customers. However, all this amounts to the knowledge which, in today’s highly dynamic and competitive business environment is the key source of competitive strength to the organizations. The need of IPR can be felt because any invention is the intellectual catpital of a firm or an individual which needs to be captured, preserved...
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...individuals within that business have to determine whether or not they will follow that code of ethics. Ethical behavior in business is consistent with the principles, norms, and standards of business practice that have been agreed upon by society. At times, however, an individual decides to go against the code of ethical behavior for personal gain. The term patent usually refers to an exclusive right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof, and claims that right in a formal patent application. The additional qualification utility patent is used in the United States to distinguish it from other types of patents (e.g. design patents) but should not be confused with utility models granted by other countries. Examples of particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents. Some other types of intellectual property rights are referred to as patents in some jurisdictions: industrial design rights are called design patents in some...
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