• DocumentCode
    1874139
  • Title

    Is the patent system broken? (If it isn´t broken, don´t fix it)

  • Author

    Hunter, R.D.

  • fYear
    2002
  • fDate
    2002
  • Firstpage
    57
  • Lastpage
    59
  • Abstract
    For many years computer software and ways of doing business were not considered to be patentable. Software was finally deemed patentable in the early eighties and ways of doing business were patented in the nineties, especially with the advent of e-commerce. In this paper I review the expanded scope of patents being issued by the PTO (Patent and Trademark Office) and the roles of the congress, the patent bar and the courts. I also address the question: do software and ways of doing business patents "promote the progress of science and useful arts" as envisioned in the Constitution (Article 1, Section 8)? The answer seems to be no: the patent system is broken. Some proposed fixes are included.
  • Keywords
    legislation; patents; software packages; PTO; Patent and Trademark Office; computer software; congress; courts; e-commerce; patent bar; Art; Constitution; Contracts; Microprogramming; Monopoly; Patent law; Programming profession; Protection; Software algorithms; Trademarks;
  • fLanguage
    English
  • Publisher
    ieee
  • Conference_Titel
    Technology and Society, 2002. (ISTAS'02). 2002 International Symposium on
  • Print_ISBN
    0-7803-7284-0
  • Type

    conf

  • DOI
    10.1109/ISTAS.2002.1013796
  • Filename
    1013796