ESP Wiki is looking for moderators and active contributors!

Difference between revisions of "Storyline and fashion patents"

((Another article descibes how Software innovation also happens without patents.))
(Related pages on {{SITENAME}}: * Why software is different * Harm caused by all types of patents)
 
(18 intermediate revisions by 5 users not shown)
Line 1: Line 1:
Films, literature, and fashion are examples of innovative fields where ideas cannot be patented.  (Another article descibes how [[Software innovation also happens without patents]].)
+
{{navbox}}Film, literature, and fashion are examples of innovative fields where ideas cannot be patented.  (Another article descibes how [[software innovation also happens without patents]].)
  
 
==Storylines==
 
==Storylines==
  
The complete lack of patents for storylines and the centuries of innovation in story writing provide proof that patents are not necessary for innovation or investment of effort.
+
The complete lack of patents for storylines and the centuries of innovation in story writing provide proof that patents are not necessary for innovation or investment of effort.  Patents are not "necessary" for innovation at all, as innovation was present long before, and in the absence of, state enforced patent monopolies.  However, another question is whether patents might ''increase'' the level of innovation.
  
However, the [[USPTO]] has agreed to review one such patent. (to check: See Ben D. Manevitz "What's the Story with Storyline Patents - An Argument Against the Allowance of Proposed Storyline Patents and for the Rejection of Currently Pending Storyline Patent Applications" (2006) 24 Cardozo Arts & Entertainment Law Journal 717.)
+
There is little or no research on the topic of storylines, patents, and innovation, but for software there are long lists of studies showing that [[Reducing innovation and research|software patents reduce innovation]].
 +
 
 +
===In the USA===
 +
 
 +
The [[USPTO]] is currently reviewing four patent applications claiming fictional storylines. (to check: See Ben D. Manevitz "What's the Story with Storyline Patents - An Argument Against the Allowance of Proposed Storyline Patents and for the Rejection of Currently Pending Storyline Patent Applications" (2006) 24 Cardozo Arts & Entertainment Law Journal 717.)
 +
 
 +
===Relation to Software===
 +
 
 +
Many of the reasons why storylines should not be patentable apply to software inventions, as it too is a [[Why_software_is_different#Intangible| form of writing]].
  
 
==Fashion==
 
==Fashion==
Line 14: Line 22:
 
* [http://www.techdirt.com/articles/20070405/194853.shtml More Research Shows How The Fashion Industry Is Helped By The Lack Of Intellectual Property Rights]
 
* [http://www.techdirt.com/articles/20070405/194853.shtml More Research Shows How The Fashion Industry Is Helped By The Lack Of Intellectual Property Rights]
 
* [http://www.codinghorror.com/blog/archives/000902.html The Coming Software Patent Apocalypse] (the first part is about another topic)
 
* [http://www.codinghorror.com/blog/archives/000902.html The Coming Software Patent Apocalypse] (the first part is about another topic)
 +
* [http://www.ted.com/talks/lang/eng/johanna_blakley_lessons_from_fashion_s_free_culture.html Lessons from fashion's free culture], this video talks about copyright but might apply to patents too
 +
 +
==...and what about gene patents?==
 +
 +
:''(This section may get moved or turned into a separate article.)''
 +
 +
* [http://arstechnica.com/tech-policy/2013/04/will-the-supreme-court-end-human-gene-patents-after-three-decades/ Will the <nowiki>[US]</nowiki> Supreme Court end human gene patents after three decades?], Apr 2013, Ars Technica
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
 +
 
* [[Analogies]] - including a literature patents analogy
 
* [[Analogies]] - including a literature patents analogy
 
* [[Software progress happens without patents]]
 
* [[Software progress happens without patents]]
 +
* [[Why software is different]]
 +
* [[Harm caused by all types of patents]]
  
 
==External links==
 
==External links==
 +
 +
* [http://www.plotpatents.com/legal_analysis.htm#A%20Potentially%20New%20IP:%20Storyline%20Patents A Potentially New IP: Storyline Patents], a 2004 article by [[patent lawyer]] Andrew Knight
 
* Somewhat related: [http://www.patentlyo.com/patent/2009/12/nicholas-cage-patent.html Film sued for showing use of a patented idea] ("Knowing" - a fiction, staring Nicholas Cage)
 
* Somewhat related: [http://www.patentlyo.com/patent/2009/12/nicholas-cage-patent.html Film sued for showing use of a patented idea] ("Knowing" - a fiction, staring Nicholas Cage)
 
** Also reported on [http://techdirt.com/articles/20091202/1243097165.shtml techdirt], [http://www.thresq.com/2009/12/patent-movies-knowable-.html thresq], [http://cyberlaw.stanford.edu/node/6376 cyberlaw]
 
** Also reported on [http://techdirt.com/articles/20091202/1243097165.shtml techdirt], [http://www.thresq.com/2009/12/patent-movies-knowable-.html thresq], [http://cyberlaw.stanford.edu/node/6376 cyberlaw]
 +
* [http://www.gnu.org/philosophy/software-literary-patents.html Software Patents and Literary Patents] by Richard Stallman
 +
* [http://www.plotpatents.com/ PlotPatents.com] - a website arguing ''for'' storyline patents
  
  
{{page footer}}
+
{{footer}}
 
[[Category:Non-software patents]]
 
[[Category:Non-software patents]]
[[Category:Non-patentable ideas]]
 

Latest revision as of 10:43, 15 April 2013

Film, literature, and fashion are examples of innovative fields where ideas cannot be patented. (Another article descibes how software innovation also happens without patents.)

Storylines

The complete lack of patents for storylines and the centuries of innovation in story writing provide proof that patents are not necessary for innovation or investment of effort. Patents are not "necessary" for innovation at all, as innovation was present long before, and in the absence of, state enforced patent monopolies. However, another question is whether patents might increase the level of innovation.

There is little or no research on the topic of storylines, patents, and innovation, but for software there are long lists of studies showing that software patents reduce innovation.

In the USA

The USPTO is currently reviewing four patent applications claiming fictional storylines. (to check: See Ben D. Manevitz "What's the Story with Storyline Patents - An Argument Against the Allowance of Proposed Storyline Patents and for the Rejection of Currently Pending Storyline Patent Applications" (2006) 24 Cardozo Arts & Entertainment Law Journal 717.)

Relation to Software

Many of the reasons why storylines should not be patentable apply to software inventions, as it too is a form of writing.

Fashion

Fashion is another example. Here are some articles that explore this topic:

...and what about gene patents?

(This section may get moved or turned into a separate article.)

Related pages on ESP Wiki

External links