1 AIT Asian Institute of Technology

Analysis of software patents and their potential effect on innovation

AuthorDuhay, Nicolas
Call NumberAIT RSPR no.SM-06-66
Subject(s)Computer software--Patents

NoteA research study submitted in partial fulfillment of the requirements for the degree of Master of Business Administration
PublisherAsian Institute of Technology
Series StatementResearch studies project report ; no. SM-06-66
AbstractComputer programs creation require more and more investment which require adapted intellectual property protection tools. Those tools basically include trademark, trade secret and copyright. Moreover the intellectual property regulations seem to evaluate in favor of new patent protection: software patents. Software patent offer a different protection, having particular distinctions with the previously existing protection: More than focusing on the exact form of the protected software already protected under the copyright regulation, patent aim at protecting the underlying innovation. For that reason software offer a wider protection and make software very well protected against unauthorized use or copy. Nevertheless, patentability is a complex debate. The complexity principally stands in high technical skills required both in law and computer science. Software represent a bundle of inventions, not one single invention. It is the role of Intellectual Property regulations to offer adapted means to protect each of those inventions that is to say protect inventors (i.e. software developers and editors) and enhance economic activity in the software sector. Patent are actually deeply linked to Economic growth as a important tool to stimulate innovation. Moreover, patent are often very valuable intangible assets that increase the book value of number of enterprises worldwide. But patenting software can have very important effects on the software industry: Company are not equally competing with patents as the underlying cost requires extensive financial capabilities involved in acquiring the patent (eventually bundled with other protection); and being able to defend it, should the patent be infringed. Moreover, the patent system shows other problems directly caused by the specificities of the software edition and distribution industry that could let software patent be in fact absolutely anti-innovative which is completely opposed to their initial economic goal. To conclude, this study aims at showing that the debate on software patentability is in constant evolution. Policy are being implemented but still require to be more clearly defined under precise adapted regulations.
Year2006
TypeResearch Study Project Report (RSPR)
SchoolSchool of Management (SOM)
DepartmentOther Field of Studies (No Department)
Academic Program/FoSMaster of Business Administration (MBA) (Publication code=SM)
Chairperson(s)Amoussou-Guenou, Roland;
Examination Committee(s)Swierczek, Fredric William ;ZimmermannWilli ;
DegreeResearch Studies Project Report (M. BA.) - Asian Institute of Technology, 2006


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