Software patents deprive authors of the fruits of their work

Judgement Disposition program

"…industrial property and copyright protection is however founded upon the basic assumption that for specific kinds of mental achievements different specially adapted protection regulations are in force, and that overlappings between these different protection rights need to be excluded as far as possible."

The subject of patent protection overlaps with the realm of copyright protection. Copyright protection does not fully extend to the ideas governing a work. Everybody agrees that e.g. 70 years of protection would be a disaster. But 20 years patent coverage are not much better.

It is often argued that patent law fills a protection gap of copyright law but then you need to answer a fe questions first

  • Do the reasons that apply to exempt the object from copyright protection also apply for patent protection?
  • How does patent law fit into the gap?
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