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University Software Ownership and Litigation: A First Examination
Summary
Universities increasingly hold software patents, but their patenting strategy is a "one size fits all" approach. This leads to litigation for rent extraction rather than commercialization.
Area of Science:
- Intellectual Property Law
- Technology Commercialization
- Patent Litigation
Background:
- Software patents and university-owned patents are controversial intellectual property (IP) areas.
- Concerns exist about universities acting as "patent trolls" by asserting software patents.
- No prior scholarly work systematically examined university software patent ownership and litigation.
Purpose of the Study:
- To present the first systematic examination of university software patent ownership and litigation.
- To analyze the determinants of university software patent holdings.
- To investigate the use of university software patents in litigation.
Main Methods:
- Empirical research on university patent holdings.
- Analysis of factors influencing the number of software patents owned by universities.
- Examination of litigation involving university software patents.
Main Results:
- Software patents constitute a significant and growing portion of university patent portfolios.
- University R&D expenditures do not predict software patent ownership; a general tendency to patent in other areas is the key determinant.
- University software patents are sometimes used for rent extraction (holdup litigation) rather than commercialization.
Conclusions:
- Universities often adopt a "one size fits all" patenting strategy, which is ill-suited for software's unique commercialization path.
- The use of university software patents for holdup litigation is a notable trend.
- Future trends may be influenced by Supreme Court decisions and evolving case law regarding software patent validity and liability.
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