Suchergebnisse

Supplement to: Examination guidelines for computer-related inventions / United States Patent and Trademark Office. ; Mode of access: Internet.

In India, sec. 3(k) of the Patents Act 1970 clearly excludes the patentability of computer programmes per se. For many years, the regime of computer-implemented inventions has been unclear, until the Controller General of Patents, Designs and Trade Marks (the Indian homologous of the Intellectual Property Office) issued its Guidelines on the examination of computer-related inventions. Notably, this gave rise the civil society's protests; indeed, there was the fear that the government was surreptisciously allowing the patentability of computer programmes per se. Therefore, the guidelines have been withdrawn and recently a new version has been published. It openly reaffirms the exclusion of the software patents and introduces a three-step test to determine the applicability of sec. 3(k) of the Patents Act to computer-related inventions. This opinion focuses the new guidance, by placing it in the context of the leading role of India in the technological and social developments revolving around the Internet of Things.

Foreword --List of Abbreviations --List of Figures --List of Tables --Acknowledgements --Introduction --Basics of Computer Science and Protection of Software --Patenting Software: Obstacles and Challenges --Legal Practice on Computer-Implemented Inventions at the EPO --Germany --United Kingdom --France --United States of America --China --Korea --Japan --India --Patent Cooperation Treaty: PCT --Unitary Patent and Unitary Patent Court --Summary:International Comparison.

Patent laws are different in many countries, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices in the US (USPTO), Japan (JPO), and Europe (EPO). The authors start with a thorough introduction into patent laws and practices, as well as in related intellectual property rights, which also explains the procedures at the USPTO, JPO and EPO and, in particular, the peculiarities in the treatment of applications centering on software or computers. Based on this theoretical description, next they present in a very structured way a huge set of case studies from different areas like business methods, databases, graphical user interfaces, digital rights management, and many more. Each set starts with a rather short description and claim of the "invention", then explains the arguments a legal examiner will probably have, and eventually refines the description step by step, until all the reservations are resolved. All of these case studies are based on real-world examples, and will thus give an inexperienced developer an idea about the required level of detail and description he will have to provide. Together, Closa, Gardiner, Giemsa and Machek have more than 70 years experience in the patent business. With their academic background in physics, electronic engineering, and computer science, they know about both the legal and the subject-based subtleties of computer-based inventions. With this book, they provide a guide to a patent examiner`s way of thinking in a clear and systematic manner, helping to prepare the first steps towards a successful patent application. TOC:Part I: 1) Introduction.- Part II: Case Studies.- 2) Business Methods - 3) Administrative Methods - 4) Digital Rights Management - 5) Databases and Database Management Systems - 6) Billing and Payment - 7) Graphical User Interfaces - 8) Simulation - 9) Games - 10) E-Learning - 11) Medical Informatics - 12) Mathematical Methods.- Part III:.- 13) Case Law - 14) Conclusion and What Comes Next.