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

industry; and some software inventions need both patent and copyright protection. Taken altogether, software patent critics do … software patents. But each strand of this debate has some limitations. The legal literature is for the most part based on case … numbers of patents, but tends to ignore the technical arguments either for or against software patents. The technical …

number of arguments for limiting or even eliminating software patents. In particular, they claim that the U.S. Patent and … Trademark Office has done a poor job of reviewing software patent applications, resulting in obvious, trivial patents. They also … exist with the patent-granting process, they do not rise to the level of justifying a ban on software patents. Instead …

that European Patent Convention expressively prohibits software patenting has not been a major problem for firms and … accorded by the European Patent Office (EPO) and, to our knowledge, more than 30,000 software patents have been accorded so far … granting procedure and by the fact that firms belonging to the software sector do not apply for patent protection. Finally …

approaches. Thus, there remains a pressing need to find a common analytical framework for deciding software patent eligibility …. Specifically, it explains that the key to determining whether a software patent covers eligible subject matter is assessing the … confusing new framework for determining patent eligibility. The decision in Mayo v. Prometheus cast serious doubt on the …

Software patents have been controversial since the days when "software" referred to the crude programs that came free … during this time. Meanwhile, a software industry developed and has grown to a remarkable size, whether measured by revenues … or profitability, number of firms or employees, or research expenditures. The scope of software innovation has become …

Recent developments in patent law, most notably the effective nullification of the Supreme Court's 1972 Benson decision … approach to computer science and technology. Despite this, the patent system has continued to disregard computational …. This Article proposes a development of patent scope doctrine that would introduce the issue of computational complexity …

doctrines of enablement and written description. Recent changes that make patent law amenable to software have produced a flood … relatively few valid software patents. Optimal software patent doctrine would constrain scope to deal with patent thicket while … an important input to subsequent innovation, the exclusive rights conferred by a patent may also impose significant costs …

patent rights have been strengthened or when standards-contributing firms hold a larger proportion of related patents …