Software,patent,conflicts,Norm law Software patent conflicts
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 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
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;}Computer-implemented invention(CII)A micro site of the EPO website mentionsthat a typically accepted and widely used definition of a CII is "aninvention whose implementation involves the use of a computer, computer networkor other programmable apparatus, the invention having one or more featureswhich are realized wholly or partly by means of a computer program." A paralleldefinition is provided by the procedures for Examination at the EPO.The EPO, in contrast, deny thatthey issue software patents. They further argue that the term software patentis itself an ambiguous concept since it could imply that an invention must bein the form of software to count as a CII. The case law of the EPO and differentnational courts in Europe states that a computer program cannot be patented inthe disguise of an object or as hardware if the original invention is still acomputer program as such. Computer-executed invention also covers inventionsrelating to computer manipulation of processes external to a computer, such asABS braking systems. Such inventions are not caught by many definitions ofsoftware patent, such as the one offered by the FFII.Additionally, the EPO do not issuepatents to all computer-implemented inventions since they must still provide atechnical solution to a technical problem to be regarded as being inventive,whereas the term software patent entails a granted patent. Nevertheless, thefact that the EPO deem that many software-related patent applications explaininventions is a point of contention.Overlap with copyrightProtection by patent protectionand copyright comprise two different means of legal protection which may coverthe same subject-matter, such as computer programs, since each of these twomeans of protection serves its own objective. Software is protected as works ofliterature under the Berne Convention, thus any software written isautomatically covered by copyright. This allows the creator to avoid anotherentity from copying the program and there is generally no need to register codein order for it to be copyrighted.Patents, on the other hand, givetheir owners the right to prevent others from using a claimed invention, evenif it was separately developed and there was no copying involved. In fact, oneof the most recent EPO decisions T 424/03 clarifies the difference, statingthat software is patentable, because it is basically only a technical methodexecuted on a computer, which is to be distinguished from the program itselffor performing the method, the program being merely an expression of themethod, and thus being copyrighted.Patents cover the originalmethodologies personified in a given piece of software, or the function thatthe software is intended to serve, independent of the specific language or codethat the software is written in. Article Tags: Software Patent, Computer Program
Software,patent,conflicts,Norm