WIPO: Comments by Microsoft Corporation
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Started by: zoobabzoobab
Date: 09 Mar 2009 12:31
Number of posts: 1
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For example, in paragraph 252, the Report vaguely cites "the special characteristics of software innovation." To our knowledge, no persuasive argument has been developed that either defines what these "special" characteristics are or demonstrates that they apply particularly or exclusively to software innovation. (At a minimum, many of the "special" characteristics that critics of software patentability typically rely on would apply with greater or equal force to digital engineering advances relating to computer and consumer electronics hardware.) In sum, we feel that it is inappropriate to cite such "special characteristics" in a manner that leads the reader to assume that such characteristics have been proven. Also in paragraph 252, the Report states that "some people consider that patent protection of software would inhibit competition." By definition, the right to exclude others that is inherent in all patents includes the right to exclude competitors. Thus, all patents potentially
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