Software Patents

Author: Gregory A. Stobbs

Publisher: Aspen Publishers Online

ISBN: 1454811978

Category: Law

Page: 2000

View: 9946

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

A Practical Perspective

Author: Eric L. Sutton

Publisher: N.A

ISBN: 9781976153860


Page: 246

View: 8224

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.

Biotechnology and Software Patent Law

A Comparative Review of New Developments

Author: Arezzo, E. Ghidini, G.,Gustavo Ghidini

Publisher: Edward Elgar Publishing

ISBN: 0857938037

Category: Law

Page: 360

View: 5604

'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.
Business & Economics

Software Patents

Economic Impacts and Policy Implications

Author: Knut Blind,Jakob Edler,Michael Friedewald

Publisher: Edward Elgar Publishing

ISBN: 9781781958940

Category: Business & Economics

Page: 204

View: 5625

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.

Business Method and Software Patents

A Practical Guide

Author: Morgan D. Rosenberg,Richard J. Apley

Publisher: Lexis Nexis

ISBN: 0199907919

Category: Law

Page: 526

View: 2491

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.

Inventing Software

The Rise of "computer-related" Patents

Author: Kenneth Nichols

Publisher: Greenwood Publishing Group

ISBN: 9781567201406

Category: Law

Page: 169

View: 5216

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.

Math You Can't Use

Patents, Copyright, and Software

Author: Ben Klemens

Publisher: Brookings Institution Press

ISBN: 9780815797951

Category: Computers

Page: 181

View: 9439

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.

European Software Directives and European Software Patents

Author: Alexandru Cristian Strenc

Publisher: N.A

ISBN: 9789041187505

Category: Law

Page: 146

View: 6505

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 and Patents in Europe

Author: Philip Leith

Publisher: Cambridge University Press

ISBN: 9780521329620

Category: Law

Page: 214

View: 3209

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 2007 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.

Patents, Innovation and Economic Performance OECD Conference Proceedings

OECD Conference Proceedings

Author: OECD

Publisher: OECD Publishing

ISBN: 9264015272


Page: 356

View: 1802

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.
Business & Economics

Software and Intellectual Property Protection

Copyright and Patent Issues for Computer and Legal Professionals

Author: Bernard A. Galler

Publisher: Greenwood Publishing Group

ISBN: 9780899309743

Category: Business & Economics

Page: 205

View: 2064

A succinct, readable survey of the critical issues and cases in copyright and patent law applied to computer software, intended for computer professionals, academics, and lawyers.

Patent Failure

How Judges, Bureaucrats, and Lawyers Put Innovators at Risk

Author: James Bessen,Michael J. Meurer

Publisher: Princeton University Press

ISBN: 9781400828692

Category: Law

Page: 352

View: 3306

In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Business Method Patents

Author: Gregory A. Stobbs

Publisher: Wolters Kluwer Law & Business

ISBN: 0735510032

Category: Law

Page: 1776

View: 5226

In a landmark decision, the Federal Circuit Court of Appeals in Signature Financial v. State Street Bank held that business methods may be patented. Recently, the US Supreme Court in Bilski v. Kappos left the door open for the availability of patents for business methods. These holdings, together with the explosive growth of electronic commerce and technology, make the business method patent an important growth area of intellectual property. Now in a revised Looseleaf format, this completely updated Second Edition of Business Method Patents is your guide to the unique opportunities and risks in this emerging area of intellectual property law. Business Method Patents, Second Edition is your authoritative source for expert guidance on: The landmark Supreme Court decision in Bilski v. Kappos USPTO view on business method patents, including an overview of BPAI rulings Mechanics of the patent application Prior art searches Drafting claims for business method or model and e-commerce inventions Drafting the complete specification Drawings required for business method patents Building a strategic patent portfolio Litigating business method patents International protection for business methods

Information Technology Law

Author: Diane Rowland,Elizabeth Macdonald (LL. B.)

Publisher: Psychology Press

ISBN: 9781859417560

Category: Law

Page: 573

View: 4256

Diane Rowland examines recent developments in criminal law, tort, contract law and intellectual property rights law that have taken place in response to technological advances and innovations.

The Everything Inventions And Patents Book

Turn Your Crazy Ideas into Money-making Machines!

Author: Barbara Russell Pitts,Mary Russell Sarao

Publisher: Simon and Schuster

ISBN: 1440523614

Category: Law

Page: 304

View: 8768

The Everything Inventions and Patents Book is your step-by-step guide to turning your bright idea into a lucrative enterprise. Authored by two successful inventors and businesswomen, this guide shows you how to make your brainchild profitable! With information on everything from protecting your idea, to learning whom you can trust, The Everything Inventions and Patents Book sets you on the right path toward turning your wildest dreams into tangible, patented reality! Includes vital tips on: Patent law Sales and marketing Developing your idea into a workable plan Filling out a patent application Getting your invention off the ground floor The Everything Inventions and Patents Book is the only resource you need for creating and protecting your idea, your investment, and your future.

Electronic and Software Patents

Law & Practice 2012 Supplement

Author: Steven W. Lundberg,Stephen C. Durant,Ann M. Mccrackin

Publisher: N.A

ISBN: 9781617460517

Category: Law

Page: 246

View: 6527