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Publication Date

March 2009


Recent books by Professors James Bessen and Michael Meurer and by economist Ben Klemens have argued that software warrants technology-specific treatment in patent doctrine. This article argues that the authors' categorical claims about software are unsupported by computer science, and therefore cannot support their sweeping proposals regarding software patents as a matter of law. Such proposals therefore remain subject to empirical examination and critique as policy choices, and are unlikely to be achieved through judicially developed doctrines.

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