Software Patents Incumbents And Entry
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Software Patents Incumbents And Entry
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Author : John R. Allison
language : en
Publisher:
Release Date : 2014
Software Patents Incumbents And Entry written by John R. Allison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Software patents have been controversial since the days when "software" referred to the crude programs that came free with an IBM mainframe. Different perspectives have been presented in judicial, legislative, and administrative fora over the years, and the press has paid as much attention to this issue as it has to any other intellectual property topic during this time. Meanwhile, a software industry developed and has grown to a remarkable size, whether measured by revenues or profitability, number of firms or employees, or research expenditures. The scope of software innovation has become even broader, as an increasing number of devices incorporate information technology, requiring modern manufacturing firms outside the software industry to employ developers and programmers to ensure that increasingly diverse functions are performed more efficiently. Although inventors have consistently asserted their need for patents in order to compete with industry incumbents, patent protection has not been easily or consistently available for much of this period. Rather, the legal system has responded gradually to the burgeoning software industry by broadening the scope and strength of protection for software-related inventions in fits and starts. The explosive growth of the industry is largely attributable to demand generated by the efficiency of software solutions; the expansion of the venture capital industry over the same period largely explains the lack of industry concentration. The "garage" mentality can be explained by the fact that even some of the largest industry incumbents began with one or two (largely unfunded) inventors. Also, there is every reason to believe that increased patent protection has contributed to the ability of independent inventors and smaller firms to compete. Moreover, the ability to obtain patents on software always has been important to some of the industry incumbents, while others have exhibited little need for patents and, displayed in some cases, strenuous opposition to the patentability of software. The incumbents are a diverse group. Some produce only software; others have substantial hardware product lines. Some sell to other technology firms and others sell applications to end users in a broad range of markets. And some sell prepackaged software products, while others focus on services - custom programming, installation, or maintenance. Regardless of the sector in which they participate, the incumbents spend massive amounts on research and development (R&D) - about 14% of their annual revenues, more than $60,000 per employee. However, there are important patterns in patenting practices that raw data on R&D investments cannot explain.
Patents Entry And Growth In The Software Industry
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Author : Robert P. Merges
language : en
Publisher:
Release Date : 2014
Patents Entry And Growth In The Software Industry written by Robert P. Merges and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In the late 1980s and early 1990s, people in the software industry often said that the coming of patents would spell doom, particularly for small companies. The entry of new firms - the seedbed of growth in the industry - would dry up, and only large, bureaucratic and decidedly non-innovative firms would remain. This paper concludes that these predictions were wrong. New firm entry remains robust, despite the presence of patents (and, in some cases, perhaps because of them). Successful incumbent firms have adjusted to the advent of patents by learning to put a reasonable amount of effort into the acquisition of patents and the building of patent portfolios. Patent data on incumbent firms shows that several well-accepted measures of "patent effort" correlate closely with indicators of market success such as revenue and employee growth. Whatever the effects of patents on the software industry, this paper concludes, they have not killed it.
The Implications Of Incumbent Intellectual Property Strategies For Open Source Software Success And Commercialization
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Author : Wen Wen
language : en
Publisher:
Release Date : 2012
The Implications Of Incumbent Intellectual Property Strategies For Open Source Software Success And Commercialization written by Wen Wen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Intellectual property categories.
There has been little understanding of how the existence and exercise of formal intellectual property rights (IPR) such as patents influence the direction of OSS innovation. This dissertation seeks to bridge this gap in prior literature by focusing on two closely related topics. First, it investigates how OSS adoption and production are influenced by IPR enforcement exercised by proprietary incumbents. It suggests that when an IPR enforcement action is filed, user interest and developer activity will be negatively affected in two types of related OSS projects--those that display technology overlap with the litigated OSS and business projects that are specific to a focal litigated platform. The empirical analyses based on data from SourceForge.net strongly support the hypotheses. Second, it examines the impact of royalty-free patent pools contributed by OSS-friendly incumbents on OSS product entry by start-up firms. It argues that increases in the size of the OSS patent pool related to a software segment will facilitate OSS entry by start-up firms into the same segment; further, the marginal effect of the pool on OSS entry will be especially large in software segments where the cumulativeness of innovation is high or where patent ownership in a segment is concentrated. These hypotheses are empirically tested through examining the impacts of a major OSS patent pool--the Patent Commons, established by IBM and a few others in 2005--on OSS entry by 2,054 start-up firms from 1999 to 2009. The empirical results largely support these hypotheses and are robust to adding a variety of controls as well as to GMM instrumental variables estimation.
Entry Exit And Patenting In The Software Industry
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Author : Iain Cockburn
language : en
Publisher:
Release Date : 2006
Entry Exit And Patenting In The Software Industry written by Iain Cockburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Patents categories.
We examine the effects of software patents on entry and exit in 27 narrowly-defined classes of software products, using a dataset with comprehensive coverage of both mature public firms and small privately held firms between 1994 and 2004. Reflecting the complex economics underlying the relationship between patent protection, entry costs and industry structure, we find that patents have a mixture of effects on entry and exit. Controlling for firm and market characteristics, firms are less likely to enter product classes in which there are more software patents. However, all else equal, firms that hold software patents are more likely to enter these markets. The net effect on entry of increasing the number of software patents is difficult to measure precisely: estimates of the effect of an across-the-board 10% increase in patent holdings on the number of entrants into the average market in this sample range from -5% to +3.5%, with quite large standard errors. Evidence on exit and survival is consistent with these findings - holding patents appears to enhance the survival prospects of firms after entering a market.
The Battle Over Patents
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Author : Stephen H. Haber
language : en
Publisher: Oxford University Press
Release Date : 2021
The Battle Over Patents written by Stephen H. Haber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Business & Economics categories.
This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.
Perspectives On Commercializing Innovation
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Author : F. Scott Kieff
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-21
Perspectives On Commercializing Innovation written by F. Scott Kieff and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-21 with Law categories.
Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.
Patents And Technological Progress In A Globalized World
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Author : Wolrad Prinz zu Waldeck und Pyrmont
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-11-20
Patents And Technological Progress In A Globalized World written by Wolrad Prinz zu Waldeck und Pyrmont and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-20 with Law categories.
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
Perspectives On Patentable Subject Matter
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Author : Michael B. Abramowicz
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-28
Perspectives On Patentable Subject Matter written by Michael B. Abramowicz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-28 with Business & Economics categories.
Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.
Patents In The Knowledge Based Economy
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2003-09-11
Patents In The Knowledge Based Economy written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-11 with Political Science categories.
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.
The Role Of Federally Funded University Research In The Patent System
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2008
The Role Of Federally Funded University Research In The Patent System written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Government publications categories.