Innovating Between and Within Technological Paradigms: A Response to Samuelson
University of California, Davis - School of Law
September 21, 2009
Minnesota Law Reveiw Headnotes, Vol. 94, No. 1, 2009
UC Davis Legal Studies Research Paper No. 192
Drawing on Professor Samuelson’s article, “Are Interface Patents Impeding Interoperability,” this Response identifies situations where interface patents warrant regulatory intervention. It first notes that interfaces define “technological paradigms”: integrated systems of interoperability. It then argues that interface patents can provide incentives to invent valuable interfaces and encourage healthy competition between emerging technological paradigms. However, once an industry has coalesced around a single paradigm, the costs of strictly asserting interface patents likely outweigh their benefits. This Response argues that by considering industrial and informational developments over time, government and industry actors can calibrate policy interventions to maximize innovation both between and within technological paradigms.
Number of Pages in PDF File: 11
Keywords: patents, interfaces, interoperability, paradigms, formats, platforms, software, information technology
Date posted: September 22, 2009 ; Last revised: January 30, 2010
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