Computer software patents: Some perspectives and misunderstandings

The importance that in-house software plays today in many organizations is without question. Perspectives of efficiencies, effectiveness, competitive advantage, and so on are but three areas where such applications exist. Many organizations have adopted measures to protect such software as a specific type of intellectual property. In the 1990s quite often the form of protection taken is software patents. The understanding and enthusiasm about software patents that is exhibited by organizations is not often shared by information systems researchers, however. For the most part, IS researchers dismiss software patents as an appropriate protective measure. This paper presents some background on patents and their applicability to software. Some US and international perspectives are also discussed to provide the reader with a somewhat broader perspective. We then discuss several IS research endeavors that either dismiss patents, or treat them incorrectly. We conclude with a research agenda for IS researchers. the Department of Computer Information Systems & Quantitative Analysis, University of Arkansas. She has conducted extensive research in the area of the law and information technology. Her published research has appeared in MIS Quarterly, Journal of Management Information Systems, and Knowledge and Policy. His research interests include examination of the strategic aspects of information systems and the relationship between the law and information technology. His research has been published in Information Systems Research, MIS Quarterly, and the Journal of Management Information Systems. Her current research is focused on interogranizational systems and the human relationships that exist in parallel to these systems.