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Software Innovation Beyond Patents

This document discusses innovation in software development and the role of patents. It argues that innovation often occurs to solve problems or satisfy needs, not just for patents. Collaboration also drives innovation as problems are solved collectively. While patents are not necessary for a dominant position, concerns with software patents include the lack of standards around obviousness and the potential to stifle innovation. The document calls for reforms around assuring interoperability and higher standards for patenting software.

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Jagmohan Jaggu
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13 views14 pages

Software Innovation Beyond Patents

This document discusses innovation in software development and the role of patents. It argues that innovation often occurs to solve problems or satisfy needs, not just for patents. Collaboration also drives innovation as problems are solved collectively. While patents are not necessary for a dominant position, concerns with software patents include the lack of standards around obviousness and the potential to stifle innovation. The document calls for reforms around assuring interoperability and higher standards for patenting software.

Uploaded by

Jagmohan Jaggu
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Innovation in Software Development

- It's Not All About Patents


Why Does Innovation Occur?

Because you need to sell more software?


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Why Does Innovation Occur?

Because you need to sell more software?

Because a problem needs to be solved or an itch


scratched:
WWW
SendmaiI
Apache
Bind
Linux
Innovation From Collaboration
TheHomebrewComputerClub
Innovation From Collaboration

A new opportunity opens from an invention, or the expiration of a


patent.

Then there may be a quiet period in which some interested parties


are aware of the uncertain potential of the newly adaptable
invention.

Collective invention institutions form, creating a social network.

A flow of adaptations (microinventions) follows, from hobbyists and


firms.

New firms appear, seizing opportunities to apply the new


technology for profit.

With the establishment of a profitable industry, technological


uncertainty is reduced and the collective invention process
evaporates. Surviving firms run private research and development.
If that is expensive, few firms survive.
Peter Meyer, 2003
Episodes of Collective Invention
Red Hat Contributions
Directory Server Project
GIobaI FiIe System
What About Patents and Innovation?
Patents Are Not Necessary to a
Dominant Position
Microsoft Innovation
1
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100
1,000
10,000
100,000
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Years
Revenue
R&D Spending
Patent Applications Filed
A B C
A FTC Commences
Initial Antitrust
Investigation
B Initial Case Settled
C Justice Dept.
Commences New
Antitrust Investigation
How Positions Have Changed
Patents A Means to Tax
Software Patents Other Concerns

Pharmaceutical Industry vs. Software


Industry

Telecom Industry vs. Software Industry


What Needs to be Done

Assure Interoperability

Software code alone is not patentable

Assure higher standards of non-obviousness

Publication of all patent applications at 18 months

Remember the Constitutional bargain: A Limited


Monopoly vs. Disclosure

Microsoft Respecting Open Source

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