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The Strathprints institutional repository is a digital archive of University of Strathclyde research outputs. Strathprints provides access to thousands of Open Access research papers by University of Strathclyde researchers, including those from the School of Psychological Sciences & Health - but also papers by researchers based within the Faculties of Science, Engineering, Humanities & Social Sciences, and from the Strathclyde Business School.

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Internet patents: will they hinder the development of e-commerce?

Henderson, K. and Kane, H. (2001) Internet patents: will they hinder the development of e-commerce? Journal of Information, Law and Technology, 2001 (1). ISSN 1361-4169

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Abstract

This paper reviews patent law in regard to Internet from a mainly US perspective as there is a lack of related examples in the UK and Europe. (Thus resulting in lack of case law and related academic writing on the topic.) This situation is likely to change and the purpose of the paper is to raise awareness of the need for patent law to address the growing number of Internet patents by discussing existing legal provisions in this area. Recent decisions by the US courts which have granted patents to inventions which enable on-line business are outlined. The paper concludes with a discussion of the issues such as monoploy, litigation, jurisdiction, infringement in relation to the increasing number of Internet patent applications being filed.