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Title:
Internet Patents - Issues Surrounding Protecting Intellectual Property Online
Author:
Andres, N.
Medium Type:
Project
Category:
Information and Technology Strategy Keyword(s):
Business Law, E-Business/E-Commerce/E-Strategy Supervisor(s):
Lori Becker Abstract:
Patent laws date back to the Middle Ages. The purpose of patent law is to stimulate innovation through a guaranteed specified time of market exclusivity in order to increase productivity, efficiency and quality of life. In other words, it becomes a temporary monopoly. Through patents, inventions can be developed and protected from immediate imitation. This encourages inventors to willingly bear the high cost of development without the fear that competitors will be able to reproduce their invention at a much lower cost. Furthermore, companies can have a better chance at recuperating their initial research and development costs, and gain a competitive advantage by being the first to penetrate a specific market.
While patents have traditionally covered manufactured goods, they have recently evolved to include business methods (which can be defined as processes or procedures that relate to trade or commerce). Even more recently, processes that fall within the patentable scope have come to include e-commerce processes. An e-commerce process incorporates a form of electronic or computerized function; it involves data transmission, reception or processing. With the communication boom and the growth of the Internet over the past decade, new patent issues are arising as a result of patents becoming available on the Internet.
Although the term "Internet patent"” is used throughout the paper, it is not a legally recognized entity. For the purpose of the paper, the term is used to describe software that automates online business methods. Since the recognition of software and business method patents, numerous issues have arisen: poor quality of Internet patents granted, limited availability of prior art (any proof of knowledge of the product or process method), lack of international recognition, enforcement, venue and jurisdiction. Questions regarding the efficiency and scope of patent law have now surfaced and have resulted in many debates.
With these issues so highly debated in the intellectual property community, it is important to gain a better understanding of the patent system as it exists in order to explore possible solutions to overcome them.
The scope of this project is to better understand the issues that surround Internet patents. The purpose of the paper is not to define a specific resolution to the issues. The purpose is two-fold: -
determine if the current national and international laws regarding patents are effective or if specific Internet patent laws need to be drafted; and
- determine if a universal intellectual property administrative body should oversee the entire system.
Given the fact that the topic is so new, numerous interviews had to be conducted to gain a better understanding of the current situation. Business executives from smaller (Walker Digital, Patent Enforcement and Royalties Ltd.) and larger organizations (Microsoft, Sun Microsystems, Intel), consultants, lawyers and policy advisors were interviewed on the subject. Furthermore, case law, legal documents and additional literature were used to further understand patent laws from a historical perspective through to its current state.
Although patent laws currently seem to be effective and serve their purpose, the system is far from perfect. Many believe that the next logical step is to create a universal intellectual property body to oversee the entire system, however the implementation of the system itself is not without its challenges.Learning Experience:
The best way to get through this project is to select a topic that you find interesting yet that will challenge you. Don't limit yourself to what you already know. Expand your horizons. Feel free to focus on something, perhaps something in a different industry or a different field. Who knows what will come out of it! I selected a topic that was light-years away from the industry I was in. In fact, when I started my project, I worked in sales in the human resources (personnel) industry. I chose a topic that I was passionate about, and as a direct result of my applied project, I was offered a job in the legal industry.
The best suggestion that I can offer is to have fun with your topic. It will the entire process fun and worthwhile! |
