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The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions. Policy debate on software patents has been active for years. [ 1 ]
In conclusion, he found that no court-validated software patent is infringed by the Linux kernel. However, Ravicher also found 283 issued but not yet court-validated software patents that, if upheld as valid by the courts, could potentially be used to support patent claims against Linux.
For example, in the software industry, litigation costs are twice the investment value. [27] Bessen and Meurer also note that software and business model litigation accounts for a disproportionate share (almost 40 percent) of patent litigation cost, and the poor performance of the patent system negatively affects these industries. [5] [28]
The bipartisan PREVAIL Act and RESTORE Patent Rights Act would make critical reforms to curb the abuse of the U.S. patent system by Big Tech.
Neither software nor computer programs are explicitly mentioned in statutory United States patent law.Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent ...
This is a list of software patents, which contains notable patents and patent applications involving computer programs (also known as a software patent). Software patents cover a wide range of topics and there is therefore important debate about whether such subject-matter should be excluded from patent protection. [ 1 ]
A software patent is a patent on a piece of software, such as a computer program, library, user interface, or algorithm.The validity of these patents can be difficult to evaluate, as software is often at once a product of engineering, something typically eligible for patents, and an abstract concept, which is typically not.
"Given the vast number of software patents—most of which are replete with broad, functional claims—it is virtually impossible to innovate in any technological field without being ensnared by the patent thicket. . . . Software patents impose a deadweight loss on the nation's economy, erecting often insurmountable barriers to innovation and ...