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
Business & Economics by Knut Blind,Jakob Edler,Michael Friedewald
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.
'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.
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.
English summary: Social, economic and technological developments have resulted in the creation of new goods such as electricity, merchandising of celebrities, or Internet domains. As long as the legislator has not made a specific decision about whom to grant exclusive rights for such new goods, some people will claim to be entitled to use and market them exclusively, whereas others will invoke their freedom of action to lawfully benefit from the goods. Alexander Peukert discusses which approach is valid under German law. Are the courts entitled to recognize new exclusive rights? Relying on a thorough analysis of private, procedural and constitutional law, the author develops a general theory of German property law. He concludes his study with a critique of Locke's assumption that property is liberty. German description: Aufgrund gesellschaftlicher, wirtschaftlicher und technologischer Entwicklungen entstehen immer wieder Guter, fur die sich die Frage stellt, ob und wem sie zugeordnet werden sollen. Beispiele hierfur sind die elektrische Energie, die Vermarktung von Bildnissen und Namen Prominenter sowie die Internet-Domain. Solange die Eigentumsproblematik nicht spezialgesetzlich entschieden ist, beanspruchen einige, exklusiv uber 'ihr' Gut entscheiden und das daran bestehende Ausschliesslichkeitsrecht rechtsgeschaftlich verwerten zu konnen, wahrend sich andere fur die uneingeschrankte Nutzung auf die allgemeine Handlungsfreiheit berufen.Alexander Peukert geht der Frage nach, welche dieser Sichtweisen fur die deutsche Rechtsordnung gultig ist. Dazu pruft er, ob die Gerichte insbesondere auf der Basis der Generalklauseln des Delikts- und Bereicherungsrechts, anhand der allgemeinen Vorschriften zur Ubertragung und Zwangsverwertung von 'Rechten' bzw. von 'Vermogen' sowie auf der Grundlage der verfassungsrechtlichen Eigentumsgarantie ungeschriebene Ausschliesslichkeitsrechte herausbilden durfen, die sich in ihren Wirkungen nicht mehr vom Sacheigentum und den Immaterialguterrechten unterscheiden.Die Ergebnisse dieser Analysen verarbeitet der Autor zu einer allgemeinen Theorie der Guterzuordnung. Die Untersuchung endet mit einer Kritik des seit Locke vorherrschenden Verstandnisses vom Verhaltnis zwischen Eigentum und Freiheit.
In its 2010 decision in Bilski v. Kappos, the U.S. Supreme Court redefined patentable subject matter for business methods and computer software, but did so without imposing definitive tests and definitions, effectively leaving such guidance for future court decisions and the United States Patent and Trademark Office (USPTO). As a result, the law is essentially being written at present, and will continue to be written and narrowed over the next decade. Business Method and Software Patents addresses the drafting of business-method and software patents in the wake of Bilski v. Kappos. Morgan Rosenberg and Richard Apley offer a review and analysis of all relevant case law and guidelines presented by the United States Patent and Trademark Office (USPTO). With the use of actual patents filed by the authors, this work provides practical information and guidance on the drafting of successful patent applications.
This publication presents a collection of the policy-oriented empirical studies and stakeholders' views designed to show how patent regimes can contribute more efficiently to innovation and economic performance.
A comprehensive study of software patents and the current highly polarized debate over them that weaves the theoretical, technical, and practical threads into an enlightening, useful guide for programmers, lawyers, and investors.
In a landmark decision, the Federal Circuit Court of Appeals, in Signature Financial v. State Street Bank, held that business methods may be patented. This holding, together with the explosive growth of the Internet, has turned the business method patent into the "hot" new growth area of intellectual property. Business Method Patents is your guide to the unique opportunities and risks in this emerging area of IP law. Depend on it as your authoritative source for court-tested guidance on: - Mechanics of the patent application - Prior art researching - Drafting claims - Drafting the complete specification - Drawings required for business method patents - Illustrating the business system through drawings - Building a patent portfolio for attracting capital - Enforcing and licensing business method patents.
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.
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.
The Economics of Monopoly Rights and Knowledge Disclosure
Author: Elad Harison
Publisher: Edward Elgar Publishing
Category: Business & Economics
This book examines the effects of Intellectual Property Rights (IPRs), namely patents and copyrights, on innovation and technical change in information technologies. It provides new insights on the links between markets, technologies and legislation by applying a variety of empirical and analytical methods. The book also explores the success of the Open Source movement to establish an alternative regime for IPRs by illuminating the rationale behind it and illustrating how Open Source can strategically be used by firms.
Law by Steven W. Lundberg,Stephen C. Durant,Ann M. Mccrackin
Measurement, Comparison, and Infringement Detection
Author: Bob Zeidman
Publisher: Prentice Hall Professional
Category: Business & Economics
“Intellectual property, software plagiarism, patents, and copyrights are complicated subjects. This book explains the key elements better than anything else I have seen. I highly recommend it to anyone who develops software or needs to protect proprietary software algorithms, and to all attorneys involved with IP litigation.” –Capers Jones, President, Capers Jones & Associates LLC “Intellectual property is an engine of growth for our high tech world and a valuable commodity traded in its own right. Bob Zeidman is a leading authority on software intellectual property, and in this book he shares his expertise with us. The book is comprehensive. It contains clear explanations of many difficult subjects. Business people who study it will learn how to protect their IP. Lawyers will use it to understand the specifics of how software embodies IP. Judges will cite it in their decisions on IP litigation.” –Abraham Sofaer, George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Hoover Institution, Stanford University The Definitive Software IP Guide for Developers, Managers, Entrepreneurs, Attorneys, and Consultants In The Software IP Detective’s Handbook, pioneering expert Bob Zeidman–creator of CodeSuite®, the world’s #1 software IP analysis tool–thoroughly covers all technical and legal aspects of IP theft detection. Using his rigorous framework and practical examples, you can accurately determine whether software copying, theft, or infringement has occurred, and fully support your findings in any venue. This book will help you Understand the key concepts that underlie software IP analysis Compare and correlate source code for signs of theft or infringement Uncover signs of copying in object code when source code is inaccessible Track malware and third-party code in applications Use software clean rooms to avoid IP infringement Understand IP issues associated with open source and DMCA Visit www.SAFE-corp.biz to download a free trial version of CodeSuite®, the #1 tool for detecting software copying.
This lively and innovative book is about computer code and the legal controls and restrictions on those who write it. The widespread use of personal computers and the Internet have made it possible to release new data or tools instantaneously to virtually the entire world. However, while the digital revolution allows quick and extensive use of these intellectual properties, it also means that their developers face new challenges in retaining their rights as creators. Drawing on a host of examples, Ben Klemens describes and analyzes the intellectual property issues involved in the development of computer software. He focuses on software patents because of their powerful effect on the software market, but he also provides an extensive discussion of how traditional copyright laws can be applied to code. The book concludes with a discussion of recommendations to ease the constraints on software development. This is the first book to confront these problems with serious policy solutions. It is sure to become the standard reference for software developers, those concerned with intellectual property issues, and for policymakers seeking direction. It is critical that public policy on these issues facilitates progress rather than hindering it. There is too much at stake.