Patenting Software Under The European Patent Convention

Author : Keith Beresford
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.39/5 ( download)

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Download or read book Patenting Software Under the European Patent Convention written by Keith Beresford and published by . This book was released on 2000 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to how to prepare a successful software patent application. This report deals specifically with the patenting of software under the European Patent Convention, clarifying the boundaries and procedures in a confusing area of practice. It also provides a useful compendium of relevant cases. These case summaries are supported by commentary which should help the practitioner understand the context and importance of the decisions.

Author : Sabine Kruspig
Publisher : Kluwer Law International B.V.
ISBN 13 : 904115244X
Total Pages : 384 pages
Book Rating : 4.42/5 ( download)

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Download or read book Legal Protection for Computer-Implemented Inventions written by Sabine Kruspig and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of the incorporation of computer software into countless commercial and industrial products, the patentability of software has become a vital issue in intellectual property law. This indispensable book provides an overview on the current status of computer-implemented inventions in patent law across Europe and major jurisdictions worldwide. A hugely practical field research tool with guidance based on case law, it examines the major hurdles in each particular country and describes the best practice to be adopted. Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers such issues and topics as the following: • claim categories for patent applications; • sufficient level of abstraction/breadth of the claimed invention; • fundamental terms of computing and terminological traps; • probability for patents dependent on software application areas; and • patents in core areas of computing. With separate chapters for the key countries, Germany, the United Kingdom, France, the United States, China, Korea, Japan, India, and the European Patent Office the legal situation for computer-implemented inventions in each country or region, this book includes guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments.. The authors describe claim formulation based on actual cases and on principles of computer science in order to show what might be or might not be patentable in each jurisdiction. With this incomparable resource, patent attorneys and patent professionals in companies will get a basis for making decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be of great value to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.

Author : Philip Leith
Publisher : Cambridge University Press
ISBN 13 : 9780521329620
Total Pages : 0 pages
Book Rating : 4.20/5 ( download)

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Download or read book Software and Patents in Europe written by Philip Leith and published by Cambridge University Press. This book was released on 2011-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

Author : Alexandru Cristian Strenc
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403546409
Total Pages : 254 pages
Book Rating : 4.07/5 ( download)

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Download or read book European Software Directives and European Software Patents written by Alexandru Cristian Strenc and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Software Directives and European Software Patents. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in European Software Directives and European Software Patents will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author : Francesco Rentocchini
Publisher :
ISBN 13 :
Total Pages : 47 pages
Book Rating : 4.17/5 ( download)

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Download or read book Sources and Characteristics of Software Patents in the European Union written by Francesco Rentocchini and published by . This book was released on 2008 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Software patenting in the United States has been a relevant and well regulated phenomenon since the 1980s. On the contrary, the European Union lagged behind for a long time. This work gives an account of the above mentioned topic. The fact that European Patent Convention expressively prohibits software patenting has not been a major problem for firms and inventors who have patented it as well. First of all, a reliable database of software patents is presented. These patents are accorded by the European Patent Office (EPO) and, to our knowledge, more than 30,000 software patents have been accorded so far to both European and Non-European companies.Second, we investigate the relevant factors explaining firm-level software patenting at the EPO. To this respect, a large part of them has been found to belong to American and Japanese firms.Then, the Knowledge Production Function (KPF) approach is put into practice in order to unravel factors affecting the output of the innovation process at the firm level. Results show that software patents are characterised by an higher average length of the granting procedure and by the fact that firms belonging to the software sector do not apply for patent protection. Finally, results from non linear panel data estimation reveal that patents are not deemed as useful appropriability instruments by software firms and that a 'threat effect' by hardware firms is growing in importance.

Author : Knut Blind
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781958940
Total Pages : 232 pages
Book Rating : 4.47/5 ( download)

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Download or read book Software Patents written by Knut Blind and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been continued debate in Europe over whether to change the patentability of software - or so-called computer-implemented inventions - and to follow the US model of allowing software patents. The European debate has shown a severe lack of empirical analysis on the possible impact of software patenting that goes beyond interest-driven rhetoric. This book seeks to address this shortcoming by taking a two-fold approach. Firstly, a survey of German software companies provides a representative overview of both general strategies to protect inventions and opinions regarding the future IPR regime in the context of innovation strategies - including the importance and use of Open Source software. Secondly, a series of case studies illustrate the varying impacts that patents and other protection strategies can have in specific contexts. This book provides both a theoretical overview of the economic impacts and policy implications of software patents, and an empirical foundation upon which to base a discussion on how to shape the intellectual property regime for software.

Author : Gregory A. Stobbs
Publisher : Wolters Kluwer
ISBN 13 : 1454811978
Total Pages : 1998 pages
Book Rating : 4.78/5 ( download)

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Download or read book Software Patents written by Gregory A. Stobbs and published by Wolters Kluwer. This book was released on 2012-01-01 with total page 1998 pages. Available in PDF, EPUB and Kindle. Book excerpt: Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. Software Patents, Third Edition will show you how to draft accurate, complete patent applications -- applications that will be approved by the patent office and that will stand in court if challenged. It discusses what a software patent is and the legal protection it offers; who holds software patents and for what inventions; and the steps you can take to protect software inventions in the worldwide marketplace. The book also explores internet and e-commerce patents and information protection using the software patent. Completely revised and updated in a new looseleaf format, Software Patents, Third Edition is your authoritative source for expert guidance on: Strategic software patent protection Prior art searches Drafting claims Drafting the software patent specification Requirements for software patent drawings Patent Office examination guidelines International software patent protection Beta testing software inventions Integrating software patents with industry standards Invalidity defenses in software patent litigation

Author : Henri Hanneman
Publisher : Springer
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Patentability of Computer Software:An International Guide to the Protection of Computer-Related Inventions written by Henri Hanneman and published by Springer. This book was released on 1985-07-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : consultant expert mohamed taha
Publisher :
ISBN 13 :
Total Pages : 109 pages
Book Rating : 4.57/5 ( download)

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Download or read book A Software Engineering View to the Decisions of the European Patent Office Concerning Computer Programs written by consultant expert mohamed taha and published by . This book was released on 2021-01-10 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this thesis was to study European Patent Office's Board of Appeals'decisions concerning computer program patent applications, and to research thesedecisions for any clear practice or principles on the patentability of computer programs.In the theoretical part of this thesis, the current problems facing intellectual propertyrights in general are discussed, and a short introduction to patenting and its principles ispresented. Computer programs are presented from the point of view of softwareengineering as machines having certain inherent characteristics. Also, the legislationconcerning the European patent system is presented and discussed.The experimental part of this thesis consists of 21 European Patent Office's Board ofAppeals' decisions and their respective patent applications. The decisions were chosen onthe basis of previous studies and literature about the subject, and they all involvedcomputer program inventions.The Board of Appeals' decisions and their reasoning showed that there is no clearpractice relating to the patenting of computer programs. This is due to the rapidlyevolving and relatively young discipline of computer programming which has caused thelevel of technology, i.e. state of the art in this field, to remain obscure. For a patent systemto function adequately the current level of technology should be well understood.Secondly, the special nature of computer programs seems to contribute to the problemsencountered in patenting computer programs: computer programs' inherent qualities ofinvisibility and complexity that can be identified when computer programs arecontrasted to more traditional mechanical machines, and the dual nature of computerprograms as having behavior and being writings at the same time. These uniqueattributes have caused ambiguity in defining patent protection for computer programsusing the existing legal regime.Keywords:computer programs, European Patent Office, patenting, software patents

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309086361
Total Pages : 352 pages
Book Rating : 4.63/5 ( download)

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Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.