The role of software patents in sustaining IT-enabled competitive advantage: a call for research

• Published in: The journal of strategic information systems 2002-03, Vol.11 (1), p.59-82
• Main Authors: Mykytyn, Kathleen, Mykytyn, Peter P., Bordoloi, Bijoy, McKinney, Vicki, Bandyopadhyay, Kakoli
• Format: Article
• Language: English
• Subjects: Competition; Computer software patents; Legal issues and information systems; Software; Sustained competitive advantage
• ISSN: 0963-8687; 1873-1198
• DOI: 10.1016/S0963-8687(01)00057-9

A number of information technology (IT) researchers have examined IT and sustained competitive advantage. However, the relationship between software patents and IT sustained advantage is often unclear and incomplete. This paper reviews some of that research, pointing out various research contributions while indicating some of the problematic issues in dealing with competitive advantage and software patents. In addition, we highlight a number of software-based patents that have been awarded to organizations in diverse industries, including some that provide researchers and executives with insight into how organizations are protecting unique business methods with software patents. We also pose some intriguing research questions, including determining why firms do in fact patent software, and investigating the potential differences in doing business globally involving countries that either take steps to protect software assets with patents versus those that do not. Based on the information presented, we anticipate that IT researchers would be more open to investigating the relationship between software patents and sustaining IT-based competitive advantage.