Software Patents and Copyright Laws Destroy Free Competition

There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly industries in the market. In monopoly, they use patents because they don’t like if someone’s copy their inventions.

Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

A patent is a legal document giving inventors the property right to their own invention. A patent didn’t always mean the rights to an invention though. A patent used to mean a special privilege or favor. It also could be used to acquire more land or obtain rights to explore a new land. Presently the patent is used only for the rights to your invention. Virginia Alexandrea from The United States Patent and Trademark Office wrote the article “General Information Concerning Patents” where she described what Patent rights include.

Although the need to protect R & D investment is recognized, there appears to be a need to modernize the laws around intellectual property. What if the original patent owner is unable to continue development in a timely fashion, or chooses to withhold development of a product? Should the patent remain with the owner for the full amount of time if they are unable or choose not to produce an item that has a significant potential to improve lives, public safety or advance technology? What about

Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s).

It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the economics of intellectual property. Suzanne Scotchmer analyzes the complex effects of patent protection when innovation is cumulative. Rather than analyzing situations in which several firms vie to develop the same innovation-the approach of the "patent race" literature-her analysis examines circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research and development that takes place. In the final paper, David

Legally issued by governments so patented inventions can inspire others and offer advantages because they are available to everyone but all proprietorship rights are reserved.

Copyrights are more limited in scope than patents. They protect the original works of authorship, not the ideas they contain. In the United States, original works include literary, drama, musical, artistic, and certain other intellectual works. A computer program, for example, is considered a literary work and is protected by copyright. A copyright gives its owner the exclusive right to reproduce and distribute the material or perform or display it publicly. However, copyright law does permit limited reproduction of copyrighted works without the owner 's permission for “fair use” such as criticism, teaching, and news reporting. In the United States, a published work must have a copyright notice, the name

A patent gives the authority to deny people the right to use, make or sell the invention. You can only patent an invention if it is completely new and not an adaption of an invention already present in the market, and if it can be made or used.

From a rule utilitarian point of view, from a macroeconomic perspective, granting software patents by giving the exclusive right to sell, use,

Patent infringement occurs when there is a violation of the patentee’s exclusive right. In their work, W. Kintner & L. Lahr, (1975) argue about the three types of infringement encompassed in the US Patent Act, which are: direct, active inducement and contributory.

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.

A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while

In Article 1 of the Patent Law, it states the right to patent protection for “inventions-creations.” Article 2 defines inventions-creations as inventions, utility models, and designs. These are also defined by rule 2 of the Implementing Regulations: