Greve: WIPO SCP/13 - some conclusions
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Started by: zoobabzoobab
Date: 30 Mar 2009 16:31
Number of posts: 1
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Summary:
An example for such an area is software, which had no innovative market failure prior to the introduction of patents, in which patents are useless for disclosure of new ideas, and in which legal counsels suggest that developers do not study patents in order to avoid claims of intentional infringement. So this study provides an analytical rationale behind statements such as the one by Bill Gates in 1991, which voices concern about the anti-innovative effect of patents in the field of software: "If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today." Application of this rationale in the policy setting process would allow to assess which areas can benefit from patents, and where more innovation can be had by excluding an area from the patent system. In parallel to the "Berne three-step test" we have dubbed this the "three step test for inclusion in the patent system" i
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