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Blocking competing software

(For the general impediment to entering the software market, see Cost barrier to market entry.)

Software patents prevent multiple teams from innovating in the same field, and prevent multiple teams from providing the same functionality. So instead of ten word processors, you'll only have two.

This factor is particularly important in the software field because the software industry already has a strong tendency towards the creation of natural monopolies, partly due to the cost of competing with an established incumbent, and partly due to the natural desire of users to adopt the products that they see a majority of other users using, because of the benefits this brings in terms of interoperability and adoption costs.

For new entrants to the market, interoperability with established products is often a precondition of success. Patents can make such interoperability much harder (sometimes impossible) to achieve.

Higher prices

The cost of all these patents has to be paid by someone, often the users.

Studies supporting this

Gowers Review of Intellectual Property:

The evidence suggests software patents are used strategically; that is, to prevent competitors from developing in a similar field, rather than to incentivise innovation

Related pages on ESP Wiki

External links


Why abolish software patents
Why abolish software patents Why focus only on software · Why software is different · Software patent quality worse than all other fields · Harm caused by all types of patents
Legal arguments Software is math · Software is too abstract · Software does not make a computer a new machine · Harming freedom of expression · Blocking useful freedoms
High costs Costly legal costs · Cost of the patent system to governments · Cost barrier to market entry · Cost of defending yourself against patent litigation
Impact on society Restricting freedom Harm without litigation or direct threats · Free software projects harmed by software patents · More than patent trolls · More than innovation · Slow process creates uncertainty
Preventing progress Software relies on incremental development · Software progress happens without patents · Reducing innovation and research · Software development is low risk · Reducing job security · Harming education · Harming standards and compatibility
Disrupting the economy Used for sabotage · Controlling entire markets · Breaking common software distribution models · Blocking competing software · Harming smaller businesses · Harming all types of businesses · A bubble waiting to burst
Problems of the legal system Problems in law Clogging up the legal system · Disclosure is useless · Software patents are unreadable · Publishing information is made dangerous · Twenty year protection is too long
Problems in litigation Patent trolls · Patent ambush · Invalid patents remain unchallenged · Infringement is unavoidable · Inequality between small and large patent holders