The use of open source software by the federal government has been gaining attention as organizations continue to search for opportunities to enhance their information technology operations while containing costs. For the federal government and Congress, the debate over the use of open source software intersects several other issues, including, but not limited to, the development of homeland security and e-government initiatives, improving government information technology management practices, strengthening computer security, and protecting intellectual property rights. Currently, the debate over open source software often revolves primarily around information security and intellectual property rights. However, issues related to cost and quality are often raised as well.

Intellectual Property, Computer Software and the Open Source Movement, March 11, 2004

This report considers the impact of intellectual property rights upon open source software. It provides an introduction to the open source movement in the software industry. It reviews the intellectual property laws, including copyrights, patents, and trade secrets. After identifying issues of interface between open source software and the intellectual property laws, the report concludes with a discussion of possible legislative issues and approaches.

Telecommunications Japans Telecommunications Deregulation: NTTs Access Fees and Worldwide Expansion, August 9, 2000

The United States and Japan are negotiating over Japan's costly rates for telecommunications companies to hook into the telephone network owned by the Nippon Telegraph and Telephone Company (NTT), Japan's dominant provider of telecom services. The U.S. has argued for a 41 percent cut in the rates, while Japan has insisted on a 22 percent cut. NTT also is attempting to acquire Verio, an Internet service provider in the United States.

Telecommunications Act: Competition, Innovation, and Reform, June 7, 2007

Both houses of Congress have begun debating how to modify the 1996 Act, most of which resides within the Communications Act of 1934, as amended. That debate focuses on how to foster investment, innovation and competition in both the physical broadband network and in the applications that ride over that network while also meeting the many non-economic objectives of U.S. telecommunications policy: universal service, homeland security, public safety, diversity of voices, localism, consumer protection, etc.

Patent-related The Obviousness Standard in Patent Law: KSR International Co. v. Teleflex Inc., May 31, 2007

The Patent Act provides protection for processes, machines, manufactures, and compositions of matter that are useful, novel, and nonobvious. Of these three statutory requirements, the nonobviousness of an invention is often the most difficult to establish. To help courts and patent examiners make the determination, the U.S. Court of Appeals for the Federal Circuit developed a test called "teaching, suggestion, or motivation" (TSM). This test provided that a patent claim is only proved obvious if the prior art, the nature of the problem to be solved, or the knowledge of those skilled in the art, reveals some motivation or suggestion to combine the prior art teachings. In KSR International Co. v. Teleflex Inc. (550 U.S. ___ , No. 04-1350, decided April 30, 2007), the U.S. Supreme Court held that the TSM test, if it is applied by district courts and patent examiners as the sole means to determine the obviousness of an invention, is contrary to Section 103 of the Patent Act and to Supreme Court precedents that call for an expansive and flexible inquiry, including Graham v. John Deere Co. of Kansas City, 383 U.S. 1 (1966).

Patent Reform in the 110th Congress: Innovation Issues, February 21, 2008

This study provides an overview of current patent reform issues. It begins by offering a summary of the structure of the current patent system and the role of patents in innovation policy. The report then reviews some of the broader issues and concerns, including patent quality, the high costs of patent litigation, international harmonization, and speculation in patents, that have motivated these diverse legislative reform proposals. The specific components of this legislation are then identified and reviewed in greater detail.

U.S. Patent and Trademark Office Reforms: Regulatory Impacts Upon Innovation and Competition, April 4, 2008

This report reviews the USPTO rules that would restrict claims and continuing applications. It begins by offering a summary of the patent system and the role of patents in innovation policy. The context, details, and legal challenges to the new USPTO rules are then explained. The report then offers both the policy justifications for the new rules, as well as concerns that patent professionals and other observers have expressed over their effectiveness and impact. The report closes by identifying congressional issues and options.

Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents, October 31, 2008

This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act). The report explains the remedies and penalties for various intellectual property offenses.

Patent Reform: Innovation Issues, January 17, 2007

This study provides an overview of current patent reform issues. It begins by offering a summary of the structure of the current patent system and the role of patents in innovation policy. The report then reviews some of the broader issues and concerns, including patent quality, the high costs of patent litigation, international harmonization, and speculation in patents, that have motivated these diverse legislative reform proposals. The specific components of this legislation are then identified and reviewed in greater detail.