Software Patent Law

Software Patent Law

A patent can be defined as “a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years.” 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued in 1449 for a method of making stained glass.2

Since those medieval beginnings, patent law has grown and evolved due to many factors, one of the most important being the accommodation (whether it be inclusion or exclusion policies) of new technologies. Though many of these policies have been easily agreed upon, accommodating all new advances has not been without conflict. One of the most controversial patent issues was born with the introduction of computers. With computers came the desire to own intellectual property for computer software inventions. The debated value of this relatively new form of invention has given rise to controversies both domestically and abroad.

Ethical Issues

The main ethical issue that has arisen is whether or not patents should be granted for software or ways of doing business. Should the inventors be rewarded for their product or should software be free for all to use? Which would better promote advancement of technology?

Another point of interest with software patents has to do with globalization. Since the software patent issue is not exclusive to the U.S. alone, s...

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...U.S. Company Compelled to License Its Software

by E.U. Antitrust Authorities,”

http://www.hewm.com/use/articles/imshealth.pdf (4 May 2003).

26 Sienhai F. Williamson. “The International Enforcement of Software Copyrights

and Patents,” Computer Law Review and Technology Journal, 1998

http://www.smu.edu/csr/Williamson.pdf (27 April 2003).

27 Spinello. “Frameworks for Ethical Analysis,” Ethical Aspects of Information

Technology, http://cseserv.engr.scu.edu/NQuinn/COEN288/framework.pdf (4 May

2003).

28 “Title 35, Part II, Chapter 10, Sec. 103,” Legal Information Institute,

http://www4.law.cornell.edu/uscode/35/103.html (2 May 2003).

29 Will Knight. “UK Defies US on Software Patents,” ZDNet UK News,

http://news.zdnet.co.uk/story/0,,s2084961,00.html (4 May 2003).