en.swpat.org is a wiki.   You can edit it.   May contain statements End Software Patents does not endorse.

November 2014: About Microsoft’s patent licence for .NET core

SitemapCountriesWhy abolish?Law proposalsStudiesCase lawPatent office case lawLawsuits

Storyline and fashion patents

From en.swpat.org
Revision as of 17:56, 12 April 2012 by Ciaran (Talk | contribs)

Jump to: navigation, search

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



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 storlines, 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.)

Storyline patents very likely unconstitutional in major patent producing nations like the US.Template:Refnec For example, such patents would upset the idea/expression dichotomy because patents cover all expressions of the idea read by the claims. In the US, the Supreme Court has ruled that Congress does not have the power to bind the hands of so many creators as would be the case from a copyright monopoly on ideas.Template:Refnec Patents, if on writing, have greater monopoly restrictions than do copyrights (eg, because independent invention and fair use are not recognized) for what amounts to a lengthy period of time in the productive lifetime of any writer, thus very likely running them afoul of the Supreme Court ruling.Template:Refnec


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

Related pages on en.swpat.org

External links

This wiki is part of the End Software Patents (ESP) campaign (donate). For more information, see:
>> endsoftwarepatents.org (Main ESP website) <<
>> endsoftwarepatents.org/news (News) <<

This wiki is publicly editable. (See: en.swpat.org:About) It's a pool of information, not a statement of ESP's views or policies, so no permission is required. Add your knowledge! (See: Help:How to make a good contribution)