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A Generation of Software Patents

Author

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  • James Bessen

    (Research on Innovation, Boston University School of Law, Berkman Center for Internet and Society (Harvard))

Abstract

This report examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.

Suggested Citation

  • James Bessen, 2011. "A Generation of Software Patents," Working Papers 1102, Research on Innovation.
    • Handle: RePEc:roi:wpaper:1102
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    File URL: http://www.ssrn.com/abstract=1868979
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    Cited by:

    1. Armin Mertens & Marc Scheufen, 2024. "Intellectual property and fourth industrial revolution technologies: how the patent system is shaping the future in the data-driven economy," European Journal of Law and Economics, Springer, vol. 57(1), pages 275-310, April.
    2. Peters, Bettina & Marks, Hannes & Trunschke, Markus & Grimpe, Christoph & Sofka, Wolfgang & Czarnitzki, Dirk, 2023. "Schwerpunktstudie Technologiemärkte," Studien zum deutschen Innovationssystem 9-2023, Expertenkommission Forschung und Innovation (EFI) - Commission of Experts for Research and Innovation, Berlin.
    3. Sunghun Chung & Animesh Animesh & Kunsoo Han & Alain Pinsonneault, 2019. "Software Patents and Firm Value: A Real Options Perspective on the Role of Innovation Orientation and Environmental Uncertainty," Information Systems Research, INFORMS, vol. 30(3), pages 1073-1097, September.
    4. Kim, Hongbum & Shin, Dong-Hee & Lee, Daeho, 2015. "A socio-technical analysis of software policy in Korea: Towards a central role for building ICT ecosystems," Telecommunications Policy, Elsevier, vol. 39(11), pages 944-956.
    5. Stefano Comino & Fabio Maria Manenti, 2015. "Intellectual Property and Innovation in Information and Communication Technology (ICT)," JRC Research Reports JRC97541, Joint Research Centre.

    More about this item

    Keywords

    patents; software; software patents; litigation; innovation; startup firms;
    All these keywords.

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • L86 - Industrial Organization - - Industry Studies: Services - - - Information and Internet Services; Computer Software

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