Author(s)
John R. Allison
Source
Washington University Law Review Vol. 85, pp. 297-342, 2007
Summary
This study looks at whether software patents are unusually bad or good.
Policy Relevance
The evidence does not support the view that software patents are especially harmful.
Main Points
- Some observers have argued that software patents are plagued by problems, and should be abolished.
- Comparing computer technology firms’ software patents with their non-software patents, the software patents had more prior art references, claims, and citations than the others.
- This suggests that the software patents are of better quality.
- The patents filed by large firms are no better or worse than those filed by small firms.
- The evidence does not support the view that large firms are filing thousands of weak patents for strategic reasons.
- Small firms would not have trouble with higher quality standards.
