Section 1 a
Granting legal patent protection to algorithms such as Adobe’s PHOTOSHOP is the right thing to do according to rule utilitarianism as it offers the inventor the owner to decide on how the software will be used. When patent protection is provided, the inventor is provided with a monopoly which they can apply on the invention application. The holder of the patent has the right to make decisions concerning the invention such as excluding others from making, using or selling the invention (Johnson, 2009). The inventor can also license others on using the invention. In case another person makes the same invention independently, they are excluded from using the device unless with the permission of the patent holder. The protection of the patent gives the holder such as Adobe’s PHOTOSHOP power to prevent other users from marketing the system. It is the moral thing to do considering that the inventor of the software invested resources and time in making the software.
There are three types of patent: design, utility and plant forms patents. The utility patents are mostly concerned with offering protection to the software such as Adobe’s PHOTOSHOP. The utility patents are usually granted for a period of seventeen years, and there is an extension of five years. Provision of the patent makes sure that the inventor of the software of able to get the rewards of the hard work they put in the invention, which means they are granted the rights to decide on who should use it and when. When the patent system has been established, it is an indication that it is supporting the advancements in the application of arts and sciences. The patents foster inventions as people are assured that their hard work will not be stolen by other people, or used without their permission. The patents also promote the disclosure of inventions and ensure that the available ideas will be used continuously in the public domain (Quinn, 2010). Therefore, Adobe’s Photoshop will receive support from the patent as it will be authorized to be used in the public domain without any hindrances.
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When patent protection is provided, the inventors gain the courage to share their new ideas with the world. They are encouraged to continue researching and developing their inventions as they are protected and recognized with the names of the inventors alone. If the invention were to be kept a secret, then the inventor would not benefit at all, as another person may take the idea as their, introduce and develop it. The person who introduces the invention gets the patent thus giving them the right to decide on how the invention will be used. A rule utilitarian, therefore, indicates that the patent will end up benefiting the inventor as well as other people.
Section 2
Rule utilitarian provides various reasons on why patents should be limited to algorithms and not the functionality of a program. In the case of Amazon's 1-Click check-out method, for instance, the main idea has already been shared, and since it is the main invention, it would be ethical for the owner to get patent. The functionality of the program, however, does not require patent as that would be awarding the right of the invention to another person who only altered the main invention for their advantage. Any other users who require using Amazon's 1-Click check-out method should pay Amazon royalty, and in that way, they will be allowed to alter the functionality of the program (Rachels (n.d). Altering the functionality is just improving the invention, and that does not give an individual the right to claim ownership.
If the functionality of the patent were to be given patent of the product, it would result in moral problems, as some people would be reaping the hard work of the main invention of a service such as that of Amazon. Changing the functionality only requires less alteration and no hard work or time is dedicated to the invention, which means it would be a case of theft of intellectual property. The work of the original inventor would no longer be recognized, and such things would result in issues argument between the main inventor and those others taking credit of work they did not work hard for (Quinn, 2010).
There are different ways in which the algorithm such as Amazon's 1-Click check-out method can be shared with the interested users without offending the inventor. Providing copyright of the software means that Amazon will still be able to maintain the trade secret of their invention. The other users will be granted the right to change anything their please on the main invention, may it be the functionality so that they can have something original from the others (Johnson, 2009. The copyright has to be provided on legal basis considering that copying is wrong. Amazon, for instance, can make a legal case against other users of Amazon's 1-Click check-out method applying the software without the knowledge of the company. An agreement has to be made first, such as on buying the software as copyright or paying royalty and after that, one is allowed to make the functionality changes they wish. In that way, the main inventor maintains their right to the invention.
References
Johnson (2009). Protecting property rights in software. Chapter 5: Digital Intellectual Property; 115-135.
Quinn (2010). Introduction to ethics; 72-99.
Rachels (n.d). The Utilitarian Approach. The Elements of Moral Philosophy; 90-149.
