Computer software patents: Some perspectives and misunderstandings

The importance that in-house software plays today in many organizations is without question. Perspectives of efficiencies, effectiveness, competitive advantage, and so on are but three areas where such applications exist. Many organizations have adopted measures to protect such software as a specific type of intellectual property. In the 1990s quite often the form of protection taken is software patents. The understanding and enthusiasm about software patents that is exhibited by organizations is not often shared by information systems researchers, however. For the most part, IS researchers dismiss software patents as an appropriate protective measure. This paper presents some background on patents and their applicability to software. Some US and international perspectives are also discussed to provide the reader with a somewhat broader perspective. We then discuss several IS research endeavors that either dismiss patents, or treat them incorrectly. We conclude with a research agenda for IS researchers.

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