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Topic: Software patents under TRIPs Agreement

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	Software patents under United States patent law Summary
		The PTO interpreted the courts as requiring the PTO to grant software patents in a broad variety of circumstances.
		Note, that although the U.S. Congress has never legislated specifically that software is patentable, the broad description of patentable subject in the Patent Act of 1952 and the failure of Congress to change the law after the court decisions allowing software patents, has been interpreted as an indication of Congressional intent.
		See Software patent debate for a discussion as to whether software should be subject to patents.
	www.bookrags.com /Software_patents_under_United_States_patent_law (1901 words)

	NationMaster - Encyclopedia: Software patents under the Patent Cooperation Treaty (Site not responding. Last check: 2007-11-06)
		Software patents and patents on computer-implemented inventions are a class of patents and one of many legal aspects of computing.
		A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.
		Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.
	www.nationmaster.com /encyclopedia/Software-patents-under-the-Patent-Cooperation-Treaty (452 words)

	TRIPS - Main Provisions of the TRIPs Agreement
		The Agreement reaffirms the well-established principle of `national treatment', which means that the nationals of any country member of the Agreement are to be treated in the same way as nationals of the country where protection is granted.
		Under the TRIPs Agreement, the `protection of geographical indications', which hitherto was granted in a small number of countries, is now required of all members of WTO.
		The Agreement thus introduces the `competition test' for the purpose of verifying and curbing the use of restrictive clauses, as proposed by industrialized countries during the long and unsuccessful negotiations under UNCTAD auspices on an international code of conduct for the transfer of technology.
	www.southcentre.org /publications/trips/tripsmaintexttrans-02.htm (2507 words)

	Los Angeles Lawyer - Software patent
		Like all patents, software patents are enforceable regardless of whether the competitors were aware of the patent (patents are kept secret for at least 18 months) and the software was completely independently developed.
		The court made patents generally easier to uphold by presuming patents were valid unless proved invalid and weakening the defence of nonobviousness.
		Additionally, under the so-called doctrine of equivalents and its analogues, a patent that on its face does not appear to require software can be infringed in certain circumstances if software is used as an equivalent of (that is, to substitute for) a non-software element, making even more difficult to draw the boundary.
	www.danataschner.com /software_patent.html (1546 words)

	Software patents under U.S. patent law - Definition, explanation
		Diehr, the U.S. Supreme Court ordered the PTO to grant a patent on an invention, even though a substantial part of the invention consisted of a computer program which used well-known formulae for calculating the time when rubber was cured and the mold could be opened.
		Note, that although the U.S. Congress has never legislated specifically that software is patentable, the broad description of patentable subject in the Patent Act of 1952 and the failure of Congress to change the law after the court decisions allowing software patents, has been interpreted as an indication of Congressional intent.
		See Software patent debate for a discussion as to whether software should be subject to patents.
	www.calsky.com /lexikon/en/txt/s/so/software_patents_under_u_s__patent_law.php (447 words)

	The TRIPs Treaty and Software Patents
		Member states shall ensure that data processing is not considered to be a field of technology in the sense of patent law, and that innovations in the field of data processing are not considered to be inventions in the sense of patent law.
		Software patents are well known to be a disaster in terms of innovation, competition and balance of rights.
		The Parliament's proposals are ignored and unreasonably discredited by the community of patent administrators and corporate patent lawyers, which is, as of spring 2004, continuing to monopolise the decisionmaking at the European Patent Office (EPO), the European Council (Consilium) and the European Commission (CEC).
	eupat.ffii.org /analysis/trips/index.en.html (3675 words)

	sociology - Software patent
		Like all patents, software patents are enforceable even if the competitors did not even know of the patent (patents are also kept secret for at least 18 months) and the software was completely independently developed.
		The first software patent ever granted is probably a patent for a "computer having slow and quick access storage, when programmed to solve a linear programming problem by an iterative algorithm, the iterative algorithm being such that (...)" applied for in 1962 by British Petroleum Company ([2], see end of page 3).
		The national jurisdictions relating to software patents in Europe and in the European Union are not harmonized even though some harmonization has been brought into the national jurisdictions in the 1970s and 1980s.
	www.aboutsociology.com /sociology/Software_patent (1659 words)

	Frequently Asked Questions about software patents - FFII
		The European patent offices and courts are not stupid and will be able to prevent trivial patents and defend the respectable entepreneur against absurd claims.
		The Community Patent is the idea that inventions will only be patented in the EU, instead of having to register a patent in the patent office of each EU country.
		Since software patents have been proven to have a negative impact on the economy they should not be granted at all.
	www.ffii.org /Frequently_Asked_Questions_about_software_patents (1804 words)

	Software patents under TRIPs Agreement (Site not responding. Last check: 2007-11-06)
		The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), particularly Article 27, are important elements in the debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be considered as a field of technology, as TRIPs is binding on all members of the WTO.
		To date, the interpretation of Article 27 has been tested in the 2002 dispute between the U.S. and Argentina over patent protection for pharmaceuticals (which was solved by mutual agreement) and the 2000 panel report also on patent protection for pharmaceuticals, in a case brought by the EU against Canada.
		Relying on Article 13 TRIPs as an argument against software patents is based on a misconception: copyright may be used as protection for software, and software patents may be used as protection for an invention that is implemented by means of software.
	www.reboom.com /article/Software_patents_under_TRIPs_Agreement.html (1528 words)

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