European Software Directives And European Software Patents
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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.
Software Legal Protection
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Author : Mihai Avram
language : en
Publisher:
Release Date : 2014
Software Legal Protection written by Mihai Avram 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.
The EU software patent could be the long awaited resolve to an extensive debate around software. The resolution should be based on the understanding of the copyright and patent basics, the legal conflict between territoriality and the internet, the experience of the existing US software patent, and the identification of the interested parties.In 2013 EU patents with unitary effect (for inventions) were approved and starting 1st of January 2014 the Regulations defining the patent framework have effect in the 25 of the 27 member states. This means it is the best moment to 'strike' with a fresh new initiative supporting the EU software patent.The paper's objective is to prove that the patent could become the most effective method for the legal protection of software in the EU. This conclusion will be based on an analysis of software copyright versus software-patent distinctions, existing models of software patents (the US), interests of the stakeholders (big companies, SME, Open-Source promoters) and the previous rejected EU software patent directive.
Sources And Characteristics Of Software Patents In The European Union
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Author : Francesco Rentocchini
language : en
Publisher:
Release Date : 2008
Sources And Characteristics Of Software Patents In The European Union written by Francesco Rentocchini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
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.
Software And Patents In Europe
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Author : Philip Leith
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-30
Software And Patents In Europe written by Philip Leith and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with Law categories.
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 Patent Convention
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Author : Alexandru Cristian Strenc
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-10-23
European Patent Convention 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 2018-10-23 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 law in the European Patent Convention (EPC), following generally the structure of the legal provisions, with a special focus on the patentability and patenting procedure. The monograph addresses not only the Convention’s core business, but also the work of its coordinating and implementing bodies, the European Patent Organization (EPOrg) and the European Patent Office (EPO). The concise presentation and interpretation of all relevant texts includes those considered “additional” but which, according to article 164(1) EPC, are in fact integral parts of the Convention – the Implementing Regulation and the Protocols on the Interpretation of Article 69 EPC and on Centralisation, Recognition, Privileges and Immunities, and the Staff Complement. Particular attention is paid throughout to issues arising from the relationship between the EPC and other relevant international and European laws and to recent developments and trends, especially in connection with the unitary patent system. The monograph also includes limited but relevant discussion of the historical development of the bases of the European patent system up to the success story of today. 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 and scope of protection, ownership, transfer of rights, licenses, scope of exclusive rights, limitations, exemptions, duration of protection, and infringement. A broad selection of EPO case law clarifies in the most adequate way the substance of the European patent system, as directly originating from it. 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 and patent attorneys representing parties with interests in the European Patent Convention will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Not So Patently Obvious
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Author : Eric Stasik
language : en
Publisher:
Release Date : 2007
Not So Patently Obvious written by Eric Stasik and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Computer software categories.
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.
Software Patents Boon Or Bane For Europe
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Author : Andreas Grosche
language : en
Publisher:
Release Date : 2010
Software Patents Boon Or Bane For Europe written by Andreas Grosche and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
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.
Computer Law
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Author : David Bender
language : en
Publisher:
Release Date : 1978
Computer Law written by David Bender and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Computers categories.
Strategic Patent Planning For Software Companies
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Author : Eric Stasik
language : en
Publisher: Althos Incorporated
Release Date : 2004
Strategic Patent Planning For Software Companies written by Eric Stasik and has been published by Althos Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Strategic Patent Planning for Software Companies looks at the current patent and licensing strategies used by successful companies that develop and market software. This book discusses the current status of international patent protection as regards computer-implemented inventions (CII), explains why copyright is inadequate, and describes how patents are being used by Microsoft and the Apache Software Foundation to support a wide range of business objectives. Over the past decade extensions in the scope of patent protection to include computer-implemented inventions have generated controversy, concern, and a great deal of hyperbole. In Europe the debate over "software patents" has been bitter and rancorous and the directive to harmonize European patent law with EPO practice faces an uncertain future. The business approach of this book is highlighted by a comprehensive listing of strategic business objectives which patents can be used to support. You will discover how patents have become uniquely versatile business tools. By examining the patent strategies employed by others, you can better understand the needs of your own company and how you too can use patents to gain and maintain competitive advantages.
Patenting Software Under The European Patent Convention
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Author : Keith Beresford
language : en
Publisher:
Release Date : 2000
Patenting Software Under The European Patent Convention written by Keith Beresford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Computer software categories.
