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Author: | Graham, S.J.H. Mowrey, D.C. |
Title: | Submarines in software? Continuations in US software patenting in the 1980s and 1990s |
Journal: | Economics of innovation and new technology
2004 : JUL, VOL. 13:5, p. 443-456 |
Index terms: | Patents Software Legislation USA |
Freeterms: | Intellectual property rights |
Language: | eng |
Abstract: | The article examines the role of 'continuations', that is, procedural revisions of patent applications, in software patents and overall patenting in the United States during 1987-1999. The research represents the first effort to analyze data on continuations (here as: conts. / cont.) in software or any other patent class, providing information on the effects of 1995 changes in the U.S. patent law (here as: US-p-l.) intended to curb 'submarine patenting'. The analysis of all U.S. patents shows that the use of conts. grew steadily during 1987-1995, with particularly rapid growth in software patenting. Sharp reversals in these growth rates after 1995 suggest that changes in the US-p-l. were effective. Prior to the 1995 changes in the US-p-l., cont. applications were used more intensively by large packaged-software firms than by other patentees, and both software and non-software patents subject to cont. tend to experience longer examination delays and to be more valuable. |
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