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Intellectual Property: setting the record straight
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| Instead of speaking of “intellectual property”, which invokes that feel-good
| idea of property and ownership, we should speak of “intellectual monopolies”.
| For this is precisely what copyrights and patents are: they are monopolies
| granted by governments for a limited period as part of a bargain - that, in
| return, those who are granted those monopolies hand them over to the public
| domain once the term of the monopoly has lapsed.
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http://www.p2pnet.net/story/17745
Mondaq: United States: Federal Circuit Narrows Patent Eligible Subject Matter
In In Re Bilski
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| Worth noting, however, is that Bilski did not claim a computer implementation
| of the recited method or a software claim. Thus, the "machine" prong of the
| machine-or-transformation test remains untested by the Federal Circuit as a
| result of the Bilski decision. However, the Court noted that in order to pass
| muster under the machine prong, the use of such a machine must "impose
| meaningful limits on the claim's scope." Field of use or insignificant
| extra-solution activity will not suffice. Moreover, the process claim in
| issue in Bilski was found to "not ... be a software claim." It therefore also
| remains open as to how or if a software clam can be written to satisfy the
| transformation prong of the test.
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http://www.digitalmajority.org/forum/t-109719/mondaq:united-states:federal-circuit-narrows-patent-eligible-subject-matter-in-in-re-bilski
Recent:
Economist Critic of Software Patents gets Nobel Prize
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| The FFII congratulates Eric S. Maskin, an economist who has long criticised
| the patenting of software, for receiving the 2007 Nobel Prize for Economics.
| Prof. Maskin and two colleagues receive the Prize for research into the
| optimal design of economic mechanisms. By applying his theory to the IT
| sector, Maskin demonstrated "that in such a dynamic industry, patent
| protection may reduce overall innovation and welfare."
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http://press.ffii.org/Press_releases/Economist_Critic_of_Software_Patents_gets_Nobel_Prize
Intellectual Property Regime Stifles Science and Innovation, Nobel Laureates
Say
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| Patent monopolies are believed to drive innovation but they actually impede
| the pace of science and innovation, Stiglitz said. The current “patent
| thicket,” in which anyone who writes a successful software programme is sued
| for alleged patent infringement, highlights the current IP system’s failure
| to encourage innovation, he said.
|
| Another problem is that the social returns from innovation do not accord with
| the private returns associated with the patent system, Stiglitz said. The
| marginal benefit from innovation is that an idea may become available sooner
| than it might have. But the person who secures the patent on it wins a
| long-term monopoly, creating a gap between private and social returns.
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http://www.ip-watch.org/weblog/index.php?p=1129
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