When deciding whether an invention is novel, patent examiners usually rely on inspection of earlier patents.
Since software has only recently become patentable, the ???prior art??? of the field is difficult for examiners from
outside the field to learn. As a result, many ???bad patents??? have been issued for software, with the result that
software patents are more subject to challenge than other types of patents, and the individual holding a software
172 SOCIAL ISSUES [CHAP. 9
patent is more responsible for defending the patent against charges that prior art invalidates it. These considerations
add to the cost of a software patent, and limit the protection the patent affords.
Copyright
Copyrights apply to written and artistic works, and a copyright gives the author of the work exclusive rights
to copy, distribute, perform, and display the work, and it gives the author exclusive rights to any derivative work
(e.g., The Return of...). The author can be an individual, a group of individuals, or a company. Copyright to work
created by employees in the course of their employment belongs to the company for which they work.
To consider all the industries that rely on copyrighted works, one must include book, journal and newspaper
publishing, the recording industry, the film industry, the software industry, advertising, theater, and radio
and TV broadcasting.
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