Software Patente
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The Patentability Of Software
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Author : Anton Hughes
language : en
Publisher: Routledge
Release Date : 2019-02-18
The Patentability Of Software written by Anton Hughes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-18 with Law categories.
This book explores the question of whether software should be patented. It analyses the ways in which the courts of the US, the EU, and Australia have attempted to deal with the problems surrounding the patentability of software and describes why it is that the software patent issue should be dealt with as a patentable subject matter issue, rather than as an issue of novelty or nonobviousness. Anton Hughes demonstrates that the current approach has failed and that a fresh approach to the software patent problem is needed. The book goes on to argue against the patentability of software based on its close relationship to mathematics. Drawing on historical and philosophical accounts of mathematics in pursuit of a better understanding of its nature and focusing the debate on the conditions necessary for mathematical advancement, the author puts forward an analytical framework centred around the concept of the useful arts. This analysis both explains mathematics’, and therefore software’s, nonpatentability and offers a theory of patentable subject matter consistent with Australian, American, and European patent law.
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.
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.
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 Rights
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Author : Gerardo Con Daz
language : en
Publisher: Yale University Press
Release Date : 2019-10-22
Software Rights written by Gerardo Con Daz 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 Computer software 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.
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
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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.
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 programs categories.
A guide to how to prepare a successful software patent application. This report deals specifically with the patenting of software under the European Patent Convention, clarifying the boundaries and procedures in a confusing area of practice. It also provides a useful compendium of relevant cases. These case summaries are supported by commentary which should help the practitioner understand the context and importance of the decisions.
Biotechnology And Software Patent Law
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Author : Arezzo, E. Ghidini, G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
Biotechnology And Software Patent Law written by Arezzo, E. Ghidini, G. 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 2011 with Law categories.
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.
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.