Resolving conflicting interests: software patents versus open source.
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| Title: | Resolving conflicting interests: software patents versus open source. |
|---|---|
| Authors: | Georgiades, Eugenia1,2 (AUTHOR) jenny.georgiades@qut.edu.au |
| Source: | Information & Communications Technology Law. Oct2011, Vol. 20 Issue 3, p225-252. 28p. |
| Subjects: | Computer software development -- Management, United States. Patent & Trademark Office, Conflict of laws, Patent infringement, Open source software laws, Patents |
| Geographic Terms: | United States |
| Abstract: | The issue of granting software patents in the United States has a created a rift between the open source community and patent owners. One of the contributing factors causing conflict between the open source community and patent owners is the read granting of software patent applications by the United States Patent and Trademark Office (USPTO). The increasing volume of software patent applications received by the USPTO has strained the patent system and consequently software patent applications are granted without close examination of whether they meet the requirements for a valid patent. The conflict between patent owners and the open source community is exacerbated when alleged patent infringement occurs for software products that circulate in the technology industry that should be open and free to use within the open source community. Subsequently, this issue is complicated when the alleged patent infringement occurs. The threat of litigation is a financial burden that is too great to bear by small and medium enterprises and by developers who unknowingly use software protected by a patent, which results in paying license fees and/royalties to avoid costly litigation. The granting of software patents without scrutiny of prior art by the USPTO is restricting innovation within the information technology sector and hindering developers, programmers, and technology innovators from creating and innovating new and emerging technologies. Further, the granting of software patents without close examination by patent examiners restricts and contradicts the ethos and philosophy behind a grant of patent. [ABSTRACT FROM PUBLISHER] |
| Copyright of Information & Communications Technology Law is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) | |
| Database: | Engineering Source |
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| Header | DbId: egs DbLabel: Engineering Source An: 65869564 AccessLevel: 6 PubType: Academic Journal PubTypeId: academicJournal PreciseRelevancyScore: 0 |
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| Items | – Name: Title Label: Title Group: Ti Data: Resolving conflicting interests: software patents versus open source. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22Georgiades%2C+Eugenia%22">Georgiades, Eugenia</searchLink><relatesTo>1,2</relatesTo> (AUTHOR)<i> jenny.georgiades@qut.edu.au</i> – Name: TitleSource Label: Source Group: Src Data: <searchLink fieldCode="JN" term="%22Information+%26+Communications+Technology+Law%22">Information & Communications Technology Law</searchLink>. Oct2011, Vol. 20 Issue 3, p225-252. 28p. – Name: Subject Label: Subjects Group: Su Data: <searchLink fieldCode="DE" term="%22Computer+software+development+--+Management%22">Computer software development -- Management</searchLink><br /><searchLink fieldCode="DE" term="%22United+States%2E+Patent+%26+Trademark+Office%22">United States. Patent & Trademark Office</searchLink><br /><searchLink fieldCode="DE" term="%22Conflict+of+laws%22">Conflict of laws</searchLink><br /><searchLink fieldCode="DE" term="%22Patent+infringement%22">Patent infringement</searchLink><br /><searchLink fieldCode="DE" term="%22Open+source+software+laws%22">Open source software laws</searchLink><br /><searchLink fieldCode="DE" term="%22Patents%22">Patents</searchLink> – Name: SubjectGeographic Label: Geographic Terms Group: Su Data: <searchLink fieldCode="DE" term="%22United+States%22">United States</searchLink> – Name: Abstract Label: Abstract Group: Ab Data: The issue of granting software patents in the United States has a created a rift between the open source community and patent owners. One of the contributing factors causing conflict between the open source community and patent owners is the read granting of software patent applications by the United States Patent and Trademark Office (USPTO). The increasing volume of software patent applications received by the USPTO has strained the patent system and consequently software patent applications are granted without close examination of whether they meet the requirements for a valid patent. The conflict between patent owners and the open source community is exacerbated when alleged patent infringement occurs for software products that circulate in the technology industry that should be open and free to use within the open source community. Subsequently, this issue is complicated when the alleged patent infringement occurs. The threat of litigation is a financial burden that is too great to bear by small and medium enterprises and by developers who unknowingly use software protected by a patent, which results in paying license fees and/royalties to avoid costly litigation. The granting of software patents without scrutiny of prior art by the USPTO is restricting innovation within the information technology sector and hindering developers, programmers, and technology innovators from creating and innovating new and emerging technologies. Further, the granting of software patents without close examination by patent examiners restricts and contradicts the ethos and philosophy behind a grant of patent. [ABSTRACT FROM PUBLISHER] – Name: AbstractSuppliedCopyright Label: Group: Ab Data: <i>Copyright of Information & Communications Technology Law is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.) |
| PLink | https://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=egs&AN=65869564 |
| RecordInfo | BibRecord: BibEntity: Identifiers: – Type: doi Value: 10.1080/13600834.2011.603964 Languages: – Code: eng Text: English PhysicalDescription: Pagination: PageCount: 28 StartPage: 225 Subjects: – SubjectFull: Computer software development -- Management Type: general – SubjectFull: United States. Patent & Trademark Office Type: general – SubjectFull: Conflict of laws Type: general – SubjectFull: Patent infringement Type: general – SubjectFull: Open source software laws Type: general – SubjectFull: Patents Type: general – SubjectFull: United States Type: general Titles: – TitleFull: Resolving conflicting interests: software patents versus open source. Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: Georgiades, Eugenia IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 10 Text: Oct2011 Type: published Y: 2011 Identifiers: – Type: issn-print Value: 13600834 Numbering: – Type: volume Value: 20 – Type: issue Value: 3 Titles: – TitleFull: Information & Communications Technology Law Type: main |
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