Open Source Law Blog: Changes to the Patent System?

Monday, October 25, 2004

Changes to the Patent System?

Should interfaces to products be off limits to the patent system? Note that there are some exceptions to copyright for interoperability, both in the European Union by legislation and in the United States in the so-called “game cases.” It is possible that this “exception” to patentability could be an extension of the patent misuse doctrine, in that the patenting of an interface may effectively give patent-like protection to a product that is not protected by patent itself. Just a thought; I haven’t seen this line of reasoning anywhere else.

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Monday, October 25, 2004

Changes to the Patent System?

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