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In fact, software is helping to make many everyday products safer and more efficient. Software is more than "apps" and personal computer programs; many of the newest products and services use software to properly function. Here, you will learn how intellectual property (IP) rights can provide protection for your software innovations.
Under the current state of U.S. patent law, patents cannot specifically lay claim to software. For example a patent claim that recites "a software that performs functions X, Y, Z, etc." would not be allowed. However, a patent may lay claim to a computer system and processes performed by it. For example, the following could be patentable: A ...
In South Korea, software is considered patentable and many patents directed towards "computer programs" have been issued. [30] In 2006, Microsoft 's sales of its "Office" suite were jeopardized due to a possible patent infringement. [ 31 ]
Neither software nor computer programs are explicitly mentioned in statutory United States patent law.Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent ...
Substantive law. Computers, software, or related terms do not appear anywhere in the Patent Act. Therefore, as with any other invention, to be patentable a computer-using invention must meet the general requirements for patentability of any invention as found in the Act. "Invention" is defined in Section 2 of the Patent Act as:
A software patent is a patent that protects computer software. Software patents can cover a stand-alone computer software program, a mobile device app, or software that is integrated into a mechanical device. In order for software to be patentable, it must meet the same requirements of any other type of invention.
People also ask
Is software patentable?
What is a software patent?
Can a computer system be patentable?
How many software patents are there?
Should a software patent be granted?
Should a software patent be granted on a trivial invention?
In contrast, if the software is designed to improve the functioning of a computer or some other type of technology, then that software should be considered patent eligible. In many cases, unfortunately, an invention falls in between these two ends of the spectrum, and it is not clear how these software inventions will be treated under the current law.
