A Generation of Software Patents
30 Pages Posted: 21 Jun 2011 Last revised: 10 Jun 2012
Date Written: June 21, 2011
This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.
Keywords: patents, software, software patents, litigation, innovation, startup firms
JEL Classification: O34, D23 L86
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