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Software and Patents in Europe

Author: Philip Leith

Publisher: Cambridge University Press

Published: 2011-06-30

Total Pages: 0

ISBN-13: 9780521329620

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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.

Book Synopsis Software and Patents in Europe by : Philip Leith

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.

European Software Directives and European Software Patents

Author: Alexandru Cristian Strenc

Publisher: Kluwer Law International B.V.

Published: 2022-06-20

Total Pages: 254

ISBN-13: 9403546409

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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.

Book Synopsis European Software Directives and European Software Patents by : Alexandru Cristian Strenc

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.

Legal Protection for Computer-Implemented Inventions

Author: Sabine Kruspig

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 384

ISBN-13: 904115244X

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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.

Book Synopsis Legal Protection for Computer-Implemented Inventions by : Sabine Kruspig

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.

Software Patents

Author: Knut Blind

Publisher: Edward Elgar Publishing

Published: 2005-01-01

Total Pages: 232

ISBN-13: 9781781958940

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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.

Book Synopsis Software Patents by : Knut Blind

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.

Software Patents - Boon or Bane for Europe?

Author: Andreas Grosche

Publisher:

Published: 2010

Total Pages:

ISBN-13:

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Software patents have been making the headlines recently. In the EU, after the European Parliament has rejected a controversial proposed 'Directive on the patentability of computer-implemented inventions' in July 2005, the debate is far from over: The Commission continues to pursue policies expanding the reach of intellectual property rights, while the controversies have exposed issues that call for a more cautious approach, demanding justification for further extension of IP - difficult to provide in general, and probably impossible with respect to computer software, as the evolution of information technology reveals fundamental incompatibilities with the patent system: Thorough analysis of the historical development of IP as well as that of computers and their programs, both as a science and with its economic implications as an industry, combined with the international comparison of experiences with (and alternatives to) patents covering software, provide convincing reasons to keep patent law within its established confines supported by the European Patent Convention, separating patentable subject matter from unpatentable mental acts, business methods and mathematics.

Book Synopsis Software Patents - Boon or Bane for Europe? by : Andreas Grosche

Download or read book Software Patents - Boon or Bane for Europe? written by Andreas Grosche and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Software patents have been making the headlines recently. In the EU, after the European Parliament has rejected a controversial proposed 'Directive on the patentability of computer-implemented inventions' in July 2005, the debate is far from over: The Commission continues to pursue policies expanding the reach of intellectual property rights, while the controversies have exposed issues that call for a more cautious approach, demanding justification for further extension of IP - difficult to provide in general, and probably impossible with respect to computer software, as the evolution of information technology reveals fundamental incompatibilities with the patent system: Thorough analysis of the historical development of IP as well as that of computers and their programs, both as a science and with its economic implications as an industry, combined with the international comparison of experiences with (and alternatives to) patents covering software, provide convincing reasons to keep patent law within its established confines supported by the European Patent Convention, separating patentable subject matter from unpatentable mental acts, business methods and mathematics.

Patents in the Knowledge-Based Economy

Author: National Research Council

Publisher: National Academies Press

Published: 2003-09-11

Total Pages: 352

ISBN-13: 0309086361

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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.

Book Synopsis Patents in the Knowledge-Based Economy by : National Research Council

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.

Sources and Characteristics of Software Patents in the European Union

Author: Francesco Rentocchini

Publisher:

Published: 2008

Total Pages: 47

ISBN-13:

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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.

Book Synopsis Sources and Characteristics of Software Patents in the European Union by : Francesco Rentocchini

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.

Patenting Software Under the European Patent Convention

Author: Keith Beresford

Publisher:

Published: 2000

Total Pages: 280

ISBN-13:

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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.

Book Synopsis Patenting Software Under the European Patent Convention by : Keith Beresford

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.

Not So Patently Obvious

Author: Eric Stasik

Publisher:

Published: 2007

Total Pages: 0

ISBN-13: 9781932813982

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Not so Patently Obvious provides a brief history of patenting software in the U.S. and Europe and the Trouble with Patents in the Digital Age. When the software industry was young, software patents did not exist. The USPTO didn't issue its first software patent until 1981. Since then, tens of thousands of software patents have been issued on both sides of the Atlantic. Anyone can be an infringer, and many are. Microsoft is reported to be, at any given time, defending themselves against 30 to 35 patent infringement lawsuits. It has been suggested that the Linux kernel might infringe as many as 283 U.S. patents. Blockbuster awards, such as the $450 Microsoft was ordered to pay a tiny patent holding company named Eolas, are fundamentally changing the way the software industry does business. Economists, politicians, scientists, academics, legal experts, engineers, and computer programmers are all asking if this proliferation of software patents makes any sense. There is a growing unease that the patent system has derailed and is going to take the software industry off the tracks with it. At the same time it is increasingly clear that without patent protection, it is impossible to protect the competitive advantages that result from technical innovations in software technology. These two points of view collided last year in the European Parliament's debate over the European Commission's Directive for Computer Implemented Inventions. A bitter and implacable row erupted over the Commission's Directive which was defeated with both sides claiming victory. This book steps away from the rancour of the debate over software patents and takes a fresh look at the issue. Eric Stasik, author of Patent or Perish, and founder of the patent engineering firm Patent08 (www.patent08.com), takes the reader through a brief history of software patents, explains some of the problems this has created, and illustrates why society still struggles with what Thomas Jefferson described as "the difficulty of drawing a line between the things which are worth the public embarrassment of an exclusive patent, and those which are not." As Jefferson realized, the answer is not so patently obvious.

Book Synopsis Not So Patently Obvious by : Eric Stasik

Download or read book Not So Patently Obvious written by Eric Stasik and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so Patently Obvious provides a brief history of patenting software in the U.S. and Europe and the Trouble with Patents in the Digital Age. When the software industry was young, software patents did not exist. The USPTO didn't issue its first software patent until 1981. Since then, tens of thousands of software patents have been issued on both sides of the Atlantic. Anyone can be an infringer, and many are. Microsoft is reported to be, at any given time, defending themselves against 30 to 35 patent infringement lawsuits. It has been suggested that the Linux kernel might infringe as many as 283 U.S. patents. Blockbuster awards, such as the $450 Microsoft was ordered to pay a tiny patent holding company named Eolas, are fundamentally changing the way the software industry does business. Economists, politicians, scientists, academics, legal experts, engineers, and computer programmers are all asking if this proliferation of software patents makes any sense. There is a growing unease that the patent system has derailed and is going to take the software industry off the tracks with it. At the same time it is increasingly clear that without patent protection, it is impossible to protect the competitive advantages that result from technical innovations in software technology. These two points of view collided last year in the European Parliament's debate over the European Commission's Directive for Computer Implemented Inventions. A bitter and implacable row erupted over the Commission's Directive which was defeated with both sides claiming victory. This book steps away from the rancour of the debate over software patents and takes a fresh look at the issue. Eric Stasik, author of Patent or Perish, and founder of the patent engineering firm Patent08 (www.patent08.com), takes the reader through a brief history of software patents, explains some of the problems this has created, and illustrates why society still struggles with what Thomas Jefferson described as "the difficulty of drawing a line between the things which are worth the public embarrassment of an exclusive patent, and those which are not." As Jefferson realized, the answer is not so patently obvious.

Patent Law for Computer Scientists

Author: Daniel Closa

Publisher: Springer Science & Business Media

Published: 2010-02-03

Total Pages: 197

ISBN-13: 3642050786

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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.

Book Synopsis Patent Law for Computer Scientists by : Daniel Closa

Download or read book Patent Law for Computer Scientists written by Daniel Closa and published by Springer Science & Business Media. This book was released on 2010-02-03 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.