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US FTC 2003 report on innovation

Revision as of 07:05, 25 May 2010 by Ciaran (talk | contribs) (Reverted edits by 79.125.66.194 (Talk) to last revision by Ciaran)

In October 2003, the US Federal Trade Commission published a 315-page Report on innovation. (from [1])

Interesting parts

Pages 153 to 165 of the PDF file focus on "software and internet industries".

Quotes

From the section G "Conclusion" (pdf p.164) of the section "The Software and Internet Industries":

"Many panelists and participants expressed the view that software and Internet patents are impeding innovation. They stated that such patents are impairing follow-on incentives, increasing entry barriers, creating uncertainty that harms incentives to invest in innovation, and producing patent thickets. Panelists discussed how defensive patenting increases the complexity of patent thickets and forces companies to divert resources from R&D into obtaining patents. Commentators noted that patent thickets make it more difficult to commercialize new products and raise uncertainty and investment risks. Some panelists also noted that hold-up has become a problem that can result in higher prices being passed along to consumers."

How it has been cited

In its amicus brief for the 2008 in re Bilski case, SAP cited it to support their claims that the software is developed incrementally.[1]

In its amicus breif for the 2009 Bilski v. Kappos case, ESP cited the conclusion of the "The Software and Internet Industries" section (quoted above).

See also

External links

  • http://www.patentlyo.com/patent/bilski.sap.pdf - see pages 25 and 26 of the PDF