2008 Berkeley Patent Survey
The 2008 Berkeley Patent Survey showed that venture capitalists are not interested in software patents and that SMEs over estimate the importance of having patents. The paper was published in the USA by Robert Merges, Pamela Samuelson, Ted Sichelman, and Stuart Graham.
Major findings
In a three-part series, authors Merges and Samuelson highlighted key findings.
The study found that while 97% of venture-backed startups in biotech have patents, only 67% of venture-backed software startups do, and among all software starts (regardless of their source of financial backing) the number drops to 25%.[1] This information was used in EFF's Bilski v. Kappos brief.[2]
From an article written by two of the authors:
Among software companies, the results are even more striking, with them reporting that patents provide less than a "slight" incentive.[3]
Related pages on ESP Wiki
External links
- The paper: High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey
- 76% of Venture Capitalists Believe that Software Patents are Important (NOT!)
- Response from Ted Sichelman, disagreeing
- Counter-response from Jason mendelson
- Sichelman and Mendelson continue to debate their interpretations in the Patently-o comments section
- Counter-response from Jason mendelson
- Response from Ted Sichelman, disagreeing
- Two of the authors, Robert Merges and Pamela Samuelson, published a three-part summary in July 2010:
References
- ↑ "Patenting by Entrepreneurs: The Berkeley Patent Survey (Part I of III)". http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-i-of-iii-1.html. "As expected, this figure varies widely by industry—for example, 97% of venture-backed biotechnology companies hold patents or applications, while only 67% of venture-backed software startups do. And among the general population of software startups responding, the rate was only about 25%."
- ↑ http://www.eff.org/files/EFF%20etc%20amicus%20brief.pdf
- ↑ http://www.patentlyo.com/patent/2010/07/patenting-by-entrepreneurs-the-berkeley-patent-survey-part-ii-of-iii.html