The Patentability Of Computer Software An International Guide To The Protection Of Computer Related Inventions

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.

Patent laws are different in many countries, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices in the US (USPTO), Japan (JPO), and Europe (EPO). The authors start with a thorough introduction into patent laws and practices, as well as in related intellectual property rights, which also explains the procedures at the USPTO, JPO and EPO and, in particular, the peculiarities in the treatment of applications centering on software or computers. Based on this theoretical description, next they present in a very structured way a huge set of case studies from different areas like business methods, databases, graphical user interfaces, digital rights management, and many more. Each set starts with a rather short description and claim of the "invention", then explains the arguments a legal examiner will probably have, and eventually refines the description step by step, until all the reservations are resolved. All of these case studies are based on real-world examples, and will thus give an inexperienced developer an idea about the required level of detail and description he will have to provide. Together, Closa, Gardiner, Giemsa and Machek have more than 70 years experience in the patent business. With their academic background in physics, electronic engineering, and computer science, they know about both the legal and the subject-based subtleties of computer-based inventions. With this book, they provide a guide to a patent examiner’s way of thinking in a clear and systematic manner, helping to prepare the first steps towards a successful patent application.

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

Since the introduction of personal computers, software has emerged as a driving force in the global economy and a major industry in its own right. During this time, the U.S. government has reversed its prior policy against software patents and is now issuing thousands of such patents each year, provoking heated controversy among programmers, lawyers, scholars, and software companies. This book is the first to step outside of the highly-polarized debate and examine the current state of the law, its suitability to the realities of software development, and its implications for day-to-day software development. Written by a former lawyer and working software developer, Inventing Software provides a comprehensive overview of software patents, from the lofty perspectives of legal history and computing theory to the technical details and issues of actual patents. People interested in the legal aspect of software patents will find detailed technical analysis of actual patented software, the legal strategies behind the wording of the patents, and an analysis of the ease or difficulty of detecting infringements. Software developers will find ways to integrate patent planning into their standard software engineering practices, and a practical guide for studying and appraising their competitors' patents and safeguarding the value of their own. Intended primarily for programmers and software industry executives and managers, Inventing Software will also be useful, illuminating reading for attorneys and software company investors.

This report, prepared by the Office of Technological Assessment (OTA) in response to a request from the House Committee on the Judiciary, examines the rapid and complex technological changes and trends in computer software technologies and their possible effects on the nation's intellectual property system. The three policy issues identified are: (1) the appropriate scope of copyright protection for computer software; (2) patent protection for software-related inventions and algorithms and how the U.S. Patent and Trademark Office will handle these types of applications; and (3) complications facing libraries and commercial and private producers and users of digital information, including computer-based mixed media products. A summary of this report is published separately which contains information found in the first chapter of the complete report. The complete report is divided into six chapters: (1) Summary, Issues, and Options; (2) The Law (patents, copyright, and trade secret law); (3) The International Arena; (4) Software Technology and the Law; (5) Digital Information and Copyright (print and nonprint electronic publishing); and (6) Economics, Intellectual Property and Software. Three appendixes provide a review of selected computer hardware and software initiatives overseas; an analysis of the European Economic Community Treaty and its structure and function; and a list of workshop participants and reviewers. The names of the members of the Congressional Advisory Panel and the OTA project staff are also provided. (ALF).

Now there is a focused, practical reference to help you draft, prosecute, & manage a strong portfolio of patents in the fast-changing specialty of electronic & software patent law. This total strategy guide will help you deal with today's lightning-paced technological developments, changes in PTO policy, & pivotal court rulings. In this step-by-step resource, more than 30 practitioners--handpicked for their experience in this challenging specialty--give you perspective & tactics including: * guidance on tough decisions such as whether to seek patent protection at all ... how to search for & evaluate prior art ... how to use trade secret & copyright law in conjunction with your patent strategy ... & how to draft your claims for broad yet distinct interpretation * succinct, useful lessons on preparing computer-related patent applications under Alappat, its progeny, & the PTO's examination guidelines * compelling insights on drafting with the appropriate scope--& the unique, software-related aspects of the best-mode, enablement, & written-description requirements of Section 112 * candid practice "tips & traps" for each step of the patent prosecution process--including the 10 types of patent prosecutions & how to deal with each one * international survey of the statutes, regulations, & case law of more than 40 nations--plus basic global principles of patentability * plus two sample patents, a timesaving practice checklist, a case table, & an exhaustive topic index No other resource gives you such specific, practice-oriented guidance for maneuvering through this dynamic I.P. area. Use it to: * determine when to seek--or not to seek--a software or electronic patent * craft strong, defensible patent specifications & claims * save precious time in the complex patent prosecution process * protect competitive information with the full range of I.P. protections * develop & manage a strategic & powerful portfolio of domestic & foreign patents.

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.