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Actually, much of IBM's innovation is probably not patented - if you patent something, you have to publish full details of it's workings. What's more, after the patent expires anyone can make it. This is the reason you'll never find a patent for the formula for Coca-cola, for example. And yes, if you could figure out the recipe, you could legally make your own version of Coca-cola (of course you couldn't call it that!)
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