Software,patent,its,main,regio law Software patent in its main regions
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}United StatesThe United States Patent andTrademark Office has issued patents that may be considered as software patents sinceeven before the early 1970s. In Gottschalk v. Benson (1972), the United StatesSupreme Court claimed that a patent for a process should not be permitted if itwould "wholly pre-empt the mathematical formula and in practical effectwould be a patent on the algorithm itself", adding that "it is saidthat the decision precludes a patent for any program servicing a computer. Wedo not so hold." In 1981, the Supreme Court stated that "a claimdrawn to subject matter otherwise statutory does not become non-statutorysimply because it uses a mathematical formula, computer program, or digitalcomputer" and a claim is patentable if it contains "a mathematicalformula and implements or applies the formula in a structure or process which,when considered as a whole, is performing a function which the patent laws weredesigned to protect".Due to different conduct offederal patent rights in various parts of the country, in 1982 the U.S.Congress founded a new court (the Federal Circuit) to hear patent cases.Following several landmark decisions by this court, by the early 1990s the patentabilityof software was well-known, and in 1996 the USPTO granted Final ComputerRelated Examination Guidelines stating that "A practical application of acomputer-related invention is legal subject matter. This requirement can be distinguishedfrom the variously phrased prohibitions against the patenting of abstractideas, laws of nature or natural phenomena" (emphasis added).EuropeWithin European Union memberstates, the EPO and other national patent offices have granted many patents forinventions involving software since the European Patent Convention (EPC) cameinto action in the late 1970s. Article 52 EPC excludes "programs forcomputers" from patentability (Art. 52(2)) to the scope that a patentapplication relates to a computer program "as such" (Art. 52(3)).This has been interpreted to mean that any invention which makes a non-obvious"technical contribution" or solves a "technical problem" ina non-obvious way is patentable even if that technical problem is cleared byrunning a computer program.United KingdomUnited Kingdom patent law isinterpreted to have the same result as the European Patent Convention such that"programs for computers" are excluded from patentability to the scopethat a patent application relates to a computer program "as such".Current case law in the UK states that an (alleged) invention will only beactually considered as an invention if it provides a contribution that is notexcluded and which is also technical. A computer program executing a businessprocess is therefore not an invention, but a computer program executing anindustrial process may well be. Article Tags: United States, Mathematical Formula, Computer Program
Software,patent,its,main,regio