| Author | Duhay, Nicolas |
| Call Number | AIT RSPR no.SM-06-66 |
| Subject(s) | Computer software--Patents
|
| Note | A research study submitted in partial fulfillment of the requirements for the
degree of Master of Business Administration |
| Publisher | Asian Institute of Technology |
| Series Statement | Research studies project report ; no. SM-06-66 |
| Abstract | Computer programs creation require more and more investment which require adapted
intellectual property protection tools. Those tools basically include trademark, trade secret
and copyright. Moreover the intellectual property regulations seem to evaluate in favor of
new patent protection: software patents.
Software patent offer a different protection, having particular distinctions with the
previously existing protection: More than focusing on the exact form of the protected
software already protected under the copyright regulation, patent aim at protecting the
underlying innovation. For that reason software offer a wider protection and make software
very well protected against unauthorized use or copy.
Nevertheless, patentability is a complex debate. The complexity principally stands in high
technical skills required both in law and computer science. Software represent a bundle of
inventions, not one single invention. It is the role of Intellectual Property regulations to
offer adapted means to protect each of those inventions that is to say protect inventors (i.e.
software developers and editors) and enhance economic activity in the software sector.
Patent are actually deeply linked to Economic growth as a important tool to stimulate
innovation. Moreover, patent are often very valuable intangible assets that increase the
book value of number of enterprises worldwide. But patenting software can have very
important effects on the software industry: Company are not equally competing with
patents as the underlying cost requires extensive financial capabilities involved in
acquiring the patent (eventually bundled with other protection); and being able to defend it,
should the patent be infringed. Moreover, the patent system shows other problems directly
caused by the specificities of the software edition and distribution industry that could let
software patent be in fact absolutely anti-innovative which is completely opposed to their
initial economic goal.
To conclude, this study aims at showing that the debate on software patentability is in
constant evolution. Policy are being implemented but still require to be more clearly
defined under precise adapted regulations.
|
| Year | 2006 |
| Type | Research Study Project Report (RSPR) |
| School | School of Management (SOM) |
| Department | Other Field of Studies (No Department) |
| Academic Program/FoS | Master of Business Administration (MBA) (Publication code=SM) |
| Chairperson(s) | Amoussou-Guenou, Roland; |
| Examination Committee(s) | Swierczek, Fredric William ;ZimmermannWilli ; |
| Degree | Research Studies Project Report (M. BA.) - Asian Institute of Technology, 2006 |