Software patent essay

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Software patent essay

Article 52 of the European Patent Convention[ edit ] The European Patent Convention EPCArticle 52, paragraph 2, excludes from patentability, in particular discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; [emphasis added] presentations of information.

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The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.

The Convention, as with all international conventions, should be construed using a purposive approach. The problem, and the solution, may be entirely resident within a computer such as a way of making a computer run faster or more efficiently in a novel and inventive way[ citation needed ].

Patentability under European Patent Office case law[ edit ] See also: List of decisions of the EPO Boards of Appeal relating to Article 52 2 and 3 EPC Like the other parts of the paragraph 2, computer programs are open to patenting to the extent that they provide a technical contribution to the prior art.

In the case of computer programs and according to the case law of the Boards of Appeala technical contribution typically means a further technical effect that goes beyond the normal physical interaction between the program and the computer. Though many argue that there is an inconsistency on how the EPO now applies Article 52, the practice of the EPO is fairly consistent regarding the treatment of the different elements of Article 52 2.

A mathematical method is not patentable, but an electrical filter designed according to this method would not be excluded from patentability by Article 52 2 and 3. It does not have to be external to the computer on which the program is run; reduced hard disk access time[ citation needed ] or an enhanced user interface could also be a technical effect.

Whether the subject-matter has a technical character is assessed without reference to the prior art. Any of the subject-matter listed in Article 52 2 EPC may comprise an invention if it has technical character or contributes to it in particular because a technical problem is solved by using technical means or a technical effect is achieved, technical interactions occur or technical adaptations are effected, in other words: The "contribution approach" or "technical effect approach", used to assess what was regarded as an invention within the meaning of Art.

The "contribution approach" was a disguised inventive step assessment. Indeed The structure of the EPC It now suffices that a physical entity or activity involves technical means to be considered as an invention within the meaning of Article 52 1 EPC.

Software patent essay

Having technical character is an implicit requisite of an "invention" within the meaning of Article 52 1 EPC requirement of "technicality".

Computer programs can also be refused and are often refused on the ground of lack of inventive step. This is the second hurdle, which should not mixed up with the first hurdle. Needless to say, however, this does not imply that all methods involving the use of technical means are patentable.

They still have to be new, represent a non-obvious technical solution to a technical problem, and be susceptible of industrial application.

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Any non-technical feature, i. Thus an expert in marketing or insurance policies for instance cannot be chosen as the fictional person skilled in the art, while a computer hardware or memory management expert may be chosen as the reference fictional person.

This means that the mere implementation of a business method on a computer or computer network rarely involves an inventive step, while improving a computer-assisted industrial process or providing a more efficient memory management within a computer may involve an inventive step.

Likewise, during an opposition procedure before the EPOwhere the grant of a recently granted European patent may be opposed by a third party opponentthe patent may be revoked if the Opposition Division form a different view on whether or not the invention in question was patentable.

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Enforceability before national courts[ edit ] The case law of the EPO Boards of Appeal is not binding on the EPO member states and different national courts acting on different cases may take a different view of patentability under Art. The decision of EPO directly or in appeal proceedings not to a grant a European patent can however not be challenged in national courts.Software Patents and Piracy in China Abstract Software patents raise a lot of issues during the development of IT industry.

As a legal action in protecting the ownership and intellectual property, software patents are applied to a wide range of codes, from source code, processes to OS, etc. Ginger's world class grammar checker, an online tool that will correct any mistake you make.

Try it for free and see for yourself. With the tools we provide, developers on SourceForge create powerful software in over , projects; we host over million registered users. Our popular directory connects over 33 million visitors and serves more than million software downloads a day.

Best HP Black Friday deals: Pavilion laptops, desktops, and more. Whether you're in the market for a business laptop, gaming desktop, or just a basic PC, HP's Black Friday sale has you covered. For ease of reference given the ubiquity of this term in the policy debates, though, I’ll refer to “software patents” in this essay, but I’m limiting this term solely to patents on a set of machine-readable instructions that direct a central processing unit (CPU) to perform specific operations in a computer.

The patentability of software, computer programs and computer-implemented inventions under the European Patent Convention (EPC) is the extent to which subject matter in these fields is patentable under the Convention on the Grant of European Patents of October 5,

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