The Trespass Fallacy in the 'Software Patent' Debate
5 Pages Posted: 13 Jun 2014 Last revised: 22 Jun 2014
Date Written: 2014
Abstract
In The Trespass Fallacy in Patent Law, Professor Adam Mossoff details how patent law jurisprudence and scholarship is dominated by an indeterminacy critique or “trespass fallacy” in two respects. Professor Mossoff’s essay, however, only briefly mentions the now paramount contemporary issue surrounding the more-focused “software patent” debate. In this short essay, I briefly discuss Professor Mossoff’s trespass fallacy analysis as it relates to “software patents” and the Supreme Court’s October 2013 Term case Alice Corp. Pty. Ltd. v. CLS Bank Int’l.
Keywords: Patent Law, Software Patents, Intellectual Property
JEL Classification: K10, K11
Suggested Citation: Suggested Citation