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A rabbit hole to innovation land: An empirical examination of the Alice decision.

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Názov: A rabbit hole to innovation land: An empirical examination of the Alice decision.
Autori: Lee, Hyejin1,2, Park, Young Soo3, Na, Jaeseog4, Park, Sung-Pil1 sppark@kaist.ac.kr
Zdroj: Computer Law & Security Review. Apr2025, Vol. 56, pN.PAG-N.PAG. 1p.
Predmety: *INTELLECTUAL property, *PATENT suits, COMPUTER software patents, ALICE Corp. Pty. Ltd. v. CLS Bank International
Korporácia: UNITED States. Supreme Court
Abstrakt: The 2014 U.S. Supreme Court ruling in Alice Corp. v. CLS Bank caused a dramatic decline in software patents and marked a major shift in U.S. patent policy. Opponents argue that the Alice decision sounded the death knell for all software patents and deterred software innovation. Proponents suggest that the Alice decision did not stifle software innovation but actually increased research and development (R&D) activity and the value of software patents. After examining the legal and economic background, we find that, contrary to the traditional model, a decrease in the number of patents does not necessarily signify a decrease in innovation, especially when the Factors Reducing Patent Value (FRPV) are prevalent. We present a theoretical framework and an empirical analysis demonstrating that the Alice decision has not negatively affected R&D activity or the patent value of software. Our study demonstrates that the Alice decision has stimulated firms' innovation activities and increased the value of their patents by restricting the scope of broad and ambiguous patent rights, thereby discouraging the accumulation of excessive patent rights. [ABSTRACT FROM AUTHOR]
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Databáza: Business Source Index
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Abstrakt:The 2014 U.S. Supreme Court ruling in Alice Corp. v. CLS Bank caused a dramatic decline in software patents and marked a major shift in U.S. patent policy. Opponents argue that the Alice decision sounded the death knell for all software patents and deterred software innovation. Proponents suggest that the Alice decision did not stifle software innovation but actually increased research and development (R&D) activity and the value of software patents. After examining the legal and economic background, we find that, contrary to the traditional model, a decrease in the number of patents does not necessarily signify a decrease in innovation, especially when the Factors Reducing Patent Value (FRPV) are prevalent. We present a theoretical framework and an empirical analysis demonstrating that the Alice decision has not negatively affected R&D activity or the patent value of software. Our study demonstrates that the Alice decision has stimulated firms' innovation activities and increased the value of their patents by restricting the scope of broad and ambiguous patent rights, thereby discouraging the accumulation of excessive patent rights. [ABSTRACT FROM AUTHOR]
ISSN:2212473X
DOI:10.1016/j.clsr.2024.106103