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Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii
Escaping The World Of I Know It When I See It: A New Test For Software Patent Ability, Brooke Schumm Iii
Michigan Telecommunications & Technology Law Review
The major thesis presented in this article is a focused standard of software patentability, in particular for pure computational methods or algorithms directed to the manipulation of numbers operating on a computer. The general philosophy is to compel inventors to narrow their claims to an algorithm expressed in terms of its utility and then to require that the particular utility or functionality be expressed in the claim as a limit on the claim, thus precluding the patent monopoly from being overbroad. As a corollary, any person is free to use or perhaps to patent the algorithm for a different utility …
Information Wants To Be Free, But The Packaging Is Going To Cost You, Gregory A. Stobbs
Information Wants To Be Free, But The Packaging Is Going To Cost You, Gregory A. Stobbs
Michigan Telecommunications & Technology Law Review
The question is this: where do we draw the line between private ownership and the public domain? It is not a question of choosing between copyright and patent, of choosing between hardware and software, or of choosing between implementation and algorithm. It is a more fundamental question that reaches back to ancient human values and transcends our current fixation on computers and software. It helps to put things in perspective. When debating where we and the law are headed (as we are now), it helps to know where we have been. In this regard, do not assume that software patents …
Sofware Patents And The Information Economy, Michael Perelman
Sofware Patents And The Information Economy, Michael Perelman
Michigan Telecommunications & Technology Law Review
Modern economists universally acknowledge that information is an essential component of productivity. Moreover, as they begin to focus more and more on the nature of information, their conception of information widens considerably.
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Intellectual Property At The Public-Private Divide: The Case Of Large-Scale Cdna Sequencing, Rebecca S. Eisenberg
Articles
The Human Genome Project provides fertile ground for studying the role of intellectual property at the wavering boundary between public and private research science. It involves a major commitment of both public and private research funds in an area that is of significant interest both to research scientists working in university and government laboratories and to commercial firms. It thus provides a wealth of new scientific discoveries that are simultaneously potential candidates for commercial development and inputs into further research. Its obvious implications for human health raise the stakes of getting the balance between private property and public access right, …