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BLIP: Blogging Patents

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April 11, 2008 4:41 PM PDT

Should software patents have shorter life spans than other patents?

by Michael Valek
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There are a lot of strong opinions with respect to software patents. Many people are highly critical of them because they feel that copyright alone is enough protection for software. The argument goes that copyright is a better fit than patent law.

For example, copyright is self-executing. That means that you get a copyright in your program as soon as you write it. In contrast, a patent is obtained only after filing and prosecuting - and in the process spending a lot of money on - a patent application.

Moreover, copyright is supposed to protect a specific expression - not broader ideas found in that expression. One major argument against software patents is, that in order to maintain the lightning pace of software innovation, developers must to be free to use general concepts pioneered by others so long as they don't copy the actual code.

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February 19, 2008 5:14 PM PST

BLIP: Blogging Patents - Disclaimer

by CNET staff
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The materials found in this blog are authored and prepared by Michael Valek, Chris Ryan and Matt Wermager of Vinson & Elkins LLP. This blog is a purely public resource of general information that is intended, but not guaranteed, to be correct and complete. It is not intended to be a source of solicitation or legal advice. Postings are not solicitations or legal advice and are for informational purposes only. You should not rely or act upon any information posted in or in response to this blog without seeking professional legal counsel.

Needless to say you should not post any confidential information on this blog.

The authors do not represent you. Postings by authors, including responses to particular questions or comments, are not intended to create an attorney-client relationship with us. Moreover, the authors do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.

The authors of the blog are licensed only in the State of Texas with the exception of Mr. Wermager who is also licensed in New Mexico. The authors may provide links to other websites for legal and non-legal sources, but the authors do not intend such links to be referrals for employment or legal advice. Further, the authors cannot vouch for the truth or accuracy of these other websites corresponding to such links. The authors will remove any link to any site from this site upon request of the linked entity.

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About BLIP: Blogging Patents

Michael Valek, Chris Ryan, and Matt Wermager are lawyers with the firm of firm of Vinson & Elkins LLP. Here, they discuss recent developments in our intellectual property system, the role the law plays to encourage innovation, as well as why any or all of this should matter to the rest of us. The postings on this site were created for informational purposes only and do not constitute legal advice. Disclaimer.

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