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
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