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IBM spells out position on business method patents in IAM exclusive
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| IBM filed an amicus brief in Bilski arguing for a principled approach based
| on the precedents of the Supreme Court. IBM’s test would limit the scope of
| patentable subject matter to avoid granting exclusive rights to
| non-technological business methods while broadly allowing for protection of
| new technological advances. Under IBM’s proposed test, a patentable process
| must either (1) be tied to a particular machine or apparatus, or (2) cause
| transformation or reduction of an article to a different state or thing, and
| in either instance produce technologically beneficial results. IBM’s approach
| is not only consistent with the jurisprudence of the Supreme Court, it is
| also substantially consistent with prevailing international standards, \
| including those of the EPO and its member states.
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http://www.iam-magazine.com/blog/Detail.aspx?g=b71c3d0c-ddb1-4381-af15-778386e75686
Recent:
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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