Red Hat's assistant general counsel Rob Tiller writes
about the implications of a recent US Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. [PDF]
. He looks at the possible impact on software patent decisions down the road. "It also seems noteworthy that the Mayo Court outlined a balanced view of the patent system that took account of the risks it can pose for innovation. It wrote, 'Patent protection is, after all, a two-edged sword. On the one hand, the promise of exclusive rights provides monetary incentives that lead to creation, invention, and discovery. On the other hand, that very exclusivity can impede the flow of information that might permit, indeed spur, invention, by, for example, raising the price of using the patented ideas once created, requiring potential users to conduct costly and time-consuming searches of existing patents and pending patent applications, and requiring the negotiation of complex licensing arrangements.'
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