Defining Software Patents
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Defining Software Patents
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Author : Anne Layne-Farrar
language : en
Publisher:
Release Date : 2013
Defining Software Patents written by Anne Layne-Farrar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
What, exactly, distinguishes a patent on a software innovation from patents on other kinds of innovations? While the question may appear esoteric at first glance, it is the crucial first step in any empirical study of software patents. The policy debate over software patents - whether they should be allowed at all, what should qualify, and whether they are used to block or encourage innovation - has been raging for quite some time on both sides of the Atlantic. Meaningful contributions to this debate should be rooted in firm empirical analysis, as opposed to individual anecdotes. But supplying firm empirical analysis requires data on software patents, and thus the question posed above. In this paper, I examine the definitional choices made thus far by the emerging empirical literature on software patenting and explore the implications of those choices. The emphasis here is on how the definition selected can affect the conclusions made. I find that different definitions do lead to datasets with distinct characteristics. While no one definition emerges as clearly "right", some methods appear better than others. Much more empirical research on software patenting is needed to improve patent reform efforts, and that research should begin by justifying the definition of software patent chosen.
Software Patents
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Author : Gregory A. Stobbs
language : en
Publisher: Wolters Kluwer
Release Date : 2012-01-01
Software Patents written by Gregory A. Stobbs and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
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
Software Patents
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Author : Knut Blind
language : en
Publisher: Edward Elgar Publishing
Release Date : 2005-01-01
Software Patents written by Knut Blind and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Business & Economics categories.
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.
Legal Protection For Computer Implemented Inventions
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Author : Sabine Kruspig
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Legal Protection For Computer Implemented Inventions written by Sabine Kruspig and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
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 Incumbents And Entry
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Author : John R. Allison
language : en
Publisher:
Release Date : 2014
Software Patents Incumbents And Entry written by John R. Allison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Software patents have been controversial since the days when "software" referred to the crude programs that came free with an IBM mainframe. Different perspectives have been presented in judicial, legislative, and administrative fora over the years, and the press has paid as much attention to this issue as it has to any other intellectual property topic during this time. Meanwhile, a software industry developed and has grown to a remarkable size, whether measured by revenues or profitability, number of firms or employees, or research expenditures. The scope of software innovation has become even broader, as an increasing number of devices incorporate information technology, requiring modern manufacturing firms outside the software industry to employ developers and programmers to ensure that increasingly diverse functions are performed more efficiently. Although inventors have consistently asserted their need for patents in order to compete with industry incumbents, patent protection has not been easily or consistently available for much of this period. Rather, the legal system has responded gradually to the burgeoning software industry by broadening the scope and strength of protection for software-related inventions in fits and starts. The explosive growth of the industry is largely attributable to demand generated by the efficiency of software solutions; the expansion of the venture capital industry over the same period largely explains the lack of industry concentration. The "garage" mentality can be explained by the fact that even some of the largest industry incumbents began with one or two (largely unfunded) inventors. Also, there is every reason to believe that increased patent protection has contributed to the ability of independent inventors and smaller firms to compete. Moreover, the ability to obtain patents on software always has been important to some of the industry incumbents, while others have exhibited little need for patents and, displayed in some cases, strenuous opposition to the patentability of software. The incumbents are a diverse group. Some produce only software; others have substantial hardware product lines. Some sell to other technology firms and others sell applications to end users in a broad range of markets. And some sell prepackaged software products, while others focus on services - custom programming, installation, or maintenance. Regardless of the sector in which they participate, the incumbents spend massive amounts on research and development (R&D) - about 14% of their annual revenues, more than $60,000 per employee. However, there are important patterns in patenting practices that raw data on R&D investments cannot explain.
European Software Directives And European Software Patents
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Author : Alexandru Cristian Strenc
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-06-20
European Software Directives And European Software Patents written by Alexandru Cristian Strenc and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-20 with Law categories.
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.
Electronic And Software Patents
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Author : Steven W. Lundberg
language : en
Publisher: BNA Books (Bureau of National Affairs)
Release Date : 2000
Electronic And Software Patents written by Steven W. Lundberg and has been published by BNA Books (Bureau of National Affairs) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Computer software categories.
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.
Software Rights
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Author : Gerardo Con Diaz
language : en
Publisher: Yale University Press
Release Date : 2019-10-22
Software Rights written by Gerardo Con Diaz and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-22 with Law categories.
A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other’s place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.
Software Patents
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Author : Eric Sutton
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-09
Software Patents written by Eric Sutton and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09 with categories.
Software Patents: A Practical Perspective is a concise explanation of software patent law with an emphasis on recent developments in the courts and at the patent office. The book is intended to help law students and patent attorneys quickly catch up on these recent developments. The book may also be helpful for engineers who already have some familiarity with patents.
Inventing Software
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Author : Kenneth Nichols
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1998-04-16
Inventing Software written by Kenneth Nichols and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-04-16 with Computers categories.
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.