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Storyline and fashion patents

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

Contents

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 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

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

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