The Use of USPTO “Continuation” Applications in the Patenting of Software: Implications for Free and Open Source*

This paper examines the role played by “continuations” (procedural revisions of patent applications) within software patenting and the implications that the use by patentees of continuations has for free and open‐source software design. Our research analyzes data on continuations in software patenting 1987–99, providing information on the effects of changes made to the U.S. patent laws in 1995 intended to curb “submarine patenting.” Our analysis of all U.S. patents issued 1987–99 shows that the use of continuations grew steadily in overall U.S. patenting through 1995, with particularly rapid growth in continuations in software patenting. Sharp reversals in these growth rates after 1995 suggest that changes in the U.S. patent law were effective. We analyze the role of continuation patents in creating opportunities for patentees to engage in strategic “hold‐up” of software adopters and follow‐on software innovators, and extend the analysis to open‐source software.     

Legislative Productivity in the 93d–105th Congresses

We exploit a large new dataset in order to revisit the determinants of “legislative success” in Congress. Previous studies have focused on one or (rarely) two Congresses. Ours is the first study based on panel data, allowing us to better measure such causal effects as how a member's productivity increases when they become a committee chair or their party attains a majority. While corroborating several previous findings, we also differ on several important points—e.g., whereas the most sophisticated previous study finds greater seniority and committee leadership posts boosting productivity in neither party, we find them boosting productivity in both.