Everything Old Is New Again: Obviousness Limitations On Patenting Computer Updates Of Old Designs

Overview: This article argues that these calls for across-the-board denials of patents for innovative computer and business method systems are overreactions. It contends that the problems raised by patents such that can be resolved by a targeted solution in the form of a new test for the obviousness and patent ability of computer updates of prior devices or processes. This type of reform is superior to restrictions on paten table subject matter in that it will retain patent incentives for some computer updates that involve new and unexpectedly successful types of information processing methods or functional results. Leaving these incentives in place for no obvious computer updates of devices, processes, and business methods ensures that the development of these updates will benefit from the types of patent incentives that have enhanced other innovative projects. In short, in the flexible world of computer updates, every old device or process can be new again and provide new public service if one tailor patent law standards to create the right mix of freedom and incentives to encourage both the evolutionary and revolutionary computer update.

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Format: PDF | Size: 480KB | Date: Jan 2003 | Pages: 73