Software Patents
Introduction
For this essay we have been instructed to write an essay on the topic within a fairly investigative techniques that may & affinity with your comaker. My choice fell on patents where the emphasis is placed on ICT. In addition to the major developments that the past decades have occurred A lot has changed in the ICT world on the basis of patents. On this topic I have three good articles found (ACM), namely: The Patent holders's dilemma buy sell or troll Patricia S. Abril, Robert Plant Communications of the ACM Volume 50, Number 1 (2007), Pages 36-44 Viewpoint: against software patents CORPORATE The League for Programming Freedom Richard Stallman Simson Garfinkle Communications of the ACM, Volume 35, Number 1 (1992), Pages 17 to 22, 121 Algorithms Should be Patented? Samuelson, P. Communications of the ACM, Volume 33, Number 8 (1990), Pages.23-27.
The Patent holders's dilemma buy sell or troll
Until 1980, there was no patent law for software, in 1998 there is suddenly an explosion of patents on software now possible. In 1998 shows 95% of all patent licenses to be issued and 97% did not lead to proceeds of all patents that are filed on software. A patent applications now cost between $ 50,000 and $ 100,000 and costs from 2 to 5 years. Adverse effects of software patent on Prevention of competition (monopoly position) The slowing developments Patent traders overlaps Patent Cases (eg Microsoft earned an average of about $ 100,000,000 per year) Blocked patents scare off innovation
Positive effects of patent License (s)
Viewpoint against software patents
The possibility of applying for software patents should disappear Why? Often when an invention is done at a certain software development it is something new but based on existing inventions. These are often a part in conflict with existing software patents which permission must be granted resulting in too many costs that ultimately the invention can not be developed by the inventor The big problem is that Patent Office and Court there are people who look at it a lot of sense right but not software. What may occasionally occur is that a number of years something technically is used in the field of software which has never patented. Years later indicted because this is the possessor of this technique which seems to have claimed. Much later than the original creator of this technique has never used but has applied for a patent.
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
Several possible legal issues are evident in the scenario. In this scenario, the name Hallowed would receive protection as a trademark since it is a word that distinguishes the product from others. A trademark is understood as a design, symbol, phrase or word or a mix of these that distinguishes and identifies the source of the goods of one firm from those of other firms. A trade dress basically refers to the visual impression which is created by the totality of every element utilized in packaging or presenting a service or good for sale. In essence, it gives the product an identifiable and distinct look (Jameson 212). The name Hallowed cannot be a trade dress since it is not a visual expression, but rather a name.
“Small Change” by Malcolm Gladwell is an essay that describes how technology has changed social movements. “Is Google Making us Stupid?” by Nicholas Carr is an essay that describes how technology has made people have declining cognitive abilities. Both of these articles are about how people are using technology to accomplish tasks and goals they set to achieve. In my essay I’m going to compare the two essays and see where they excel and where they fail to expand their essay.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
A Worldwide Problem Software piracy is defined as the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. Software companies have used many different copy protection schemes. The most annoying form of copy protection is the use of a key disk. This type of copy protection requires the user to insert the original disk every time the program is run. It can be quite difficult to keep up with disks that are years old. The most common technique of copy protection requires the user to look up a word or phrase in the program's manual. This method is less annoying than other forms of copy protection, but it can be a nuisance having to locate the manual every time. Software pirates usually have no trouble "cracking" the program, which permanently removes the copy protection. After the invention of CD-ROM, which until lately was uncopyable, most software companies stopped placing copy protection in their programs. Instead, the companies are trying new methods of disc impression. 3M recently developed a new technology of disc impression which allows companies to imprint an image on the read side of a CD-ROM. This technology would not prevent pirates from copying the CD, but it would make a "bootleg" copy differ from the original and make the copy traceable by law enforcement officials (Estes 89). Sometimes, when a person uses a pirated program, there is a "virus" attached to the program. Viruses are self-replicating programs that, when activated, can damage a computer. These viruses are most commonly found on pirated computer games, placed there by some malignant computer programmer. In his January 1993 article, Chris O' Malley points out that if piracy was wiped out viruses would eventually disappear (O' Malley 60). There are ways that a thrifty consumer can save money on software without resorting to piracy. Computer companies often offer discounts on new software if a person has previously purchased an earlier version of the software. Competition between companies also drives prices low and keeps the number of pirated copies down (Morgan 45). People eventually tire or outgrow their software and decide to sell it.
One of the most recent examples of ethics and technology conflicts in the United States are privacy issues and how we cite, distribute and publish intellectual property on the internet. For instance, many corporations and people take advantage of the open access of the internet and the lack of legislation governing the right to post and upload information to the internet. Today, nearly every household in the United States has a computer with int...
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
Pharmaceutical patents are patents for inventions within the pharmaceutical industry. Patents give exclusive rights for an invention for a product or a process of making a product [1]. There are many aspects to patents in the pharmaceutical industry that are both pros and cons; it just depends on what industry you are in. Pharmaceutical companies take out patents so they can regulate the market and restrict competition from other companies. By obtaining patents pharmaceutical companies also attract investment. In addition to this pharmaceutical companies can also regulate the price of the drug as they will be the only company selling that drug. However these aspects of patents can adversely affect the generics industry. The generics industry cannot make or sell drugs that are patented but once a patent licence expires, both the generics industry and the WHO see increased benefits as drugs become more widely available around the world (i.e. developing countries) at a lower price. Here we will discuss the pros and cons of patents from the point of view of the pharmaceutical industry, generics industry and the WHO.
At the end of the day, the decision on if and how intellectual property (IP) protection is sought must be made in the context of an organizations IP strategy and keeping in line with the organization goals and objectives. For company who prefer to compete in the free market, copyrighted software is sufficient in protecting the legal rights of the software created. For company whose main objective is to collect licensing rights and back end deals that comes with patent protection, than it is advisable to seek for patent protection. For me, a copyright is more than sufficient to acknowledge an invention and the inventor’s rights to claim.
...puter technology are rooted in the general ethical issues that people in society deal with. For example, the ethical issues such as invasion of privacy, theft, and fraud have been around since human beings began interacting with each other. The fact is that elements of these ethical issues are not unique to the computer field or computer technology. These current technologies raise the same ethical dilemmas with conditions that are unique to computer and cyber technology. This explains why we general ethical issue are such as privacy, theft and fraud are reexamined as informational privacy, identity theft and computer fraud in computer technology.
The PC industry is just over 20 years old. In those 20 years, both the quality
The consistent use of information and communication technology (ICT) in modern world enables us for countless opportunities for individuals, institutions, business organisations and scientists, but it also raises difficult ethical and legal problems. In particular, ICT helped to make societies more complex and thus even harder to understand. The use of ICT has led to changes in concepts: ownership, buying and selling, right to possession, theft, justice in the distribution of resources and access rights. During the nineties, the internet has grown into all business segments resulting in a large number of questions running. It has been noted that during those time period there has been merging of computers, telecommunications, and media which is further emphasized by the emergence of new issues and strengthening old ones.
The Impact of ICT on Society I will talk about how ICT has effected people from all walks of life, how it has effected jobs and living conditions. = == == ==
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20