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Topic: Software patents under the Patent Cooperation Treaty


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In the News (Fri 25 Dec 09)

  
  sociology - Software patent
Software patents and patents on computer-implemented inventions are a class of patents and one of many legal aspects of computing.
Software patents are sometimes confused with software copyright.
Substantive law regarding the patentability of software and computer-implemented inventions, and case law interpreting the legal provisions, are different under different jurisdictions.
www.aboutsociology.com /sociology/Software_patent   (1659 words)

  
  Patent   (Site not responding. Last check: 2007-11-05)
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.
Under US law, a claimed invention is deemed useful if, at the time of filing, it is capable of providing some identifiable benefit (to a person of ordinary skill in the art of the invention).
www.brainyencyclopedia.com /encyclopedia/p/pa/patent.html   (4872 words)

  
  Software patent - Wikipedia, the free encyclopedia
Patents cover the underlying methodologies embodied in a given piece of software, independent of the particular language or code that the software is written in.
Substantive law regarding the patentability of software and computer-implemented inventions, and case law interpreting the legal provisions, are different under different jurisdictions.
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, a substitute for) a non-software element, making it even more difficult to draw the boundary.
en.wikipedia.org /wiki/Software_patent   (3057 words)

  
 Patent Protection :: International Legal Protection for Software
The EPO law regarding patentability of software tends to be somewhat more liberal than the individual laws of some of the EPO member countries that conduct substantive examinations of applications on the merits.
Although patent protection for software is available in an increasingly greater number of countries, the manner in which software is claimed in a patent is not necessarily consistent.
This treaty provides that one who files a patent application in any of the member countries has up to one year to file subsequent applications in other member countries with the retrospective benefit of the first-filed patent application as the effective filing date of the subsequent applications.
www.softwareprotection.com /patent.htm   (1682 words)

  
 Patent - Facts, Information, and Encyclopedia Reference article
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 substance (known as an invention) which is new, inventive and useful.
First, in accordance with the original definition of the term "patent," it is argued that awarding patents facilitates and encourages disclosure of innovations into the public domain for the common good.
Most fundamentally, granting a patent confers a monopoly of sorts upon an owner, because he may legally exclude competitors from using or exploiting the invention (though strictly speaking, the word "monopoly" requires that there is no viable alternative in the marketplace).
www.startsurfing.com /encyclopedia/p/a/t/Patent.html   (5042 words)

  
 Patent
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.
Under US law, a claimed invention is deemed useful if, at the time of filing, it is capable of providing some identifiable benefit (to a person of ordinary skill in the art of the invention).
The first patent law was a Venetian Statute of 1474 in which the Republic of Venice issued a decree by which new and inventive devices, once they had been put into practice, had to be communicated to the Republic in order to obtain legal protection against potential infringers.
www.med-help.info /?p=patent   (3470 words)

  
 Software patents under the Patent Cooperation... - Wikipedia, the free encyclopedia
Please search for Software patents under the Patent Cooperation...
Start the Software patents under the Patent Cooperation...
Look for Software patents under the Patent Cooperation...
en.wikipedia.org /wiki/Software_patents_under_the_Patent_Cooperation...   (179 words)

  
 The Idea of Software Patent Protections
The difference between copyright and patent laws is that copyright law is usually associated with literary expression whereas patent law deals with processes, machine, composition of matter etc. Still, an idea of software patent protections has become more serious concern as it protects an idea.
Under the copyright law, works of literature and science that are original and creative are protected.
Under most patent laws, the invention, to be patentable, must be new, useful, and nonobvious.
www.thailawforum.com /articles/theideaofsoftware.html   (910 words)

  
 Patent   (Site not responding. Last check: 2007-11-05)
A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time (normally 20 years from the filing date).
The term "patent" originates from the term patere which means to lay open (to public inspection) and the term letters patent, which originally denoted royal decrees granting exclusive rights to certain individuals or businesses.
Under US law, the species may still be patentable if they produce results that are unexpectedly different from those of other previously known members of the genus.
patent.kiwiki.homeip.net   (3544 words)

  
 Patent
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 substance (known as an invention) which is new, inventive and useful.
Most fundamentally, granting a patent confers a monopoly of sorts upon an owner, because he may legally exclude competitors from using or exploiting the invention (though strictly speaking, the word "monopoly" requires that there is no viable alternative in the marketplace).
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 patnet rights.
www.patents-i.net /topics/patent.html   (953 words)

  
 First Patent   (Site not responding. Last check: 2007-11-05)
Patents which qualify as software patents according to some definitions of the expression "software patent" have been granted by the European Patent Office (EPO) since the '80s.
The expression "software patent" is however not used by the European Patent Office and its Boards of Appeal.
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.
www.wwwtln.com /finance/78/first-patent.html   (773 words)

  
 Patent Lawyer Oklahoma   (Site not responding. Last check: 2007-11-05)
Software patents under United States patent law - This article relates to the patentability of software and computer programs, or in other words software patents, under United States patent law.
The goal of the clause is to discourage the licensee (the user/recipient of the software) from suing the licensor (the provider/author...
Its findings have pooled their essays discussing a patent and bathrooms that weaves the starting price per share when social power to be of the twentieth century of art and best practices, this book by leading academicians such research and provides the many positions.
www.witintl.com /patentlawyeroklahoma.html   (1024 words)

  
 PCT Patents and Other International Patents (BitLaw)
Under United States law it is necessary, in the case of inventions made in the United States, to obtain a license from the Commissioner of Patents and Trademarks before applying for a patent in a foreign country.
The filing of an application for patent constitutes the request for a license and the granting or denial of such request is indicated in the filing receipt mailed to each applicant.
Another treaty, known as the Patent Cooperation Treaty or PCT, facilitates the filing of applications for patents on the same invention in member countries.
www.bitlaw.com /patent/international.html   (1248 words)

  
 Patent Lawyer Nebraska   (Site not responding. Last check: 2007-11-05)
Software patents under the Patent Cooperation Treaty - There is almost nothing in the Patent Cooperation Treaty that relates to software patents.
Department heads, group chairs patent lawyer nebraska and leading partners from top patent law firms examine the characteristics patent lawyer nebraska and capabilities of the successful practitioner patent lawyer nebraska and the future of patent regulation on a global scale.
Patents and exploitation of some bright ideas for a new and thought-provoking invention process of steam navigation in all would-be inventors, patent system of thisvast subject, but also contains illustrations and discoverers.
www.witintl.com /patentlawyernebraska.html   (1160 words)

  
 Patent Cooperation Treaty   (Site not responding. Last check: 2007-11-05)
Patents are the most valuable and comprehensive source of the technological information and thus are very crucial for the industries.
Patent mapping is an interdisciplinary skill that involves understanding of the sciences, being able to uncover the business opportunities and requires an understanding of patent law.
patent cooperation treaty patent cooperation treaty people by a proclamation pronounced, shee with the countryman: mad folly, drove them from might have with unutterable things the sake of her but...
www.idea-patents.com /patentcooperationtreaty   (2030 words)

  
 A business view of software and business method patents
Software and business method patents differ from other patents by the amount of prior art, the number of potential infringers and frequently by the difficulty to identify infringements, which are technical but not legal issues.
Patents (innovation) is only one part of the mix to monitor, mix that also comprises the expression (the way innovations are combined with known art in the product or in the way the product is produced) and the way the product is marketed [2].
Software and business method patents addressing mass market needs are fences that deter users and providers from adopting the protected system or method, and hence make said patents worthless [6].
pagebox.net /businessview.html   (8569 words)

  
 [No title]
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] (http://www.cippm.org.uk/pdfs/JILT%20kretschmer%2011_03.pdf), see end of page 3).
By the early 1990s the patentability of software was well established, and in 1996 the USPTO issued Final Computer Related Examination Guidelines (http://www.bitlaw.com/source/soft_pats/final.html).
The German chancellor Schröder is quoted with "the manuscript is titled with 'software patents' - wait I may no longer say that - well the 'protection of computer-implemented inventions'" [5] (http://www.heise.de/tp/r4/artikel/17/17825/1.html).
www.m-patentim.com /page.asp?type=Text&page_id=56   (1526 words)

  
 Patent - Knowmore
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.
Higher standards exist under the European Patent Convention (EPC), where for example computer programs as such are not patentable.
An example is given by the "combover" patent (Template:US patent, filed December 1975), which has also been awarded the 2004 Ig Nobel Prize in engineering for its apparently unintentional ridiculousness.
knowmore.org /index.php/Patent   (4308 words)

  
 Patents
Patents can be very valuable because they entitle their owners to exclude others from making, using or selling the covered inventions.
The firm engages in all phases of patent procurement, including application preparation, prosecution, and appellate proceedings in the U.S. and abroad, through filings under the Patent Cooperation Treaty (PCT), in the European Patent Office (EPO) and nationally.
We work closely with clients to evaluate the relative value of each potential patent investment, always considering (1) the chances of obtaining patent protection, (2) the potential scope of the resulting patent claims, (3) cost of the patenting process, and (4) the economic advantages from the resulting patent.
www.usip.com /patents.html   (446 words)

  
 Patent Cooperation Treaty - CT - Basics
Until 1978, if you wanted to obtain patent protection in foreign countries your only option was to file a separate patent application in each country.
Under the PCT, your application may be the first filed application or, if you already filed in a contracting state, it may be filed within twelve months of that initial filing without losing the important priority date of the first application.
It is important to choose a patent practitioner who is sensitive to cultural differences.
www.saltamar.com /White_Paper/PCT_Basics.htm   (430 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 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.
The German chancellor Schröder is quoted with "the manuscript is titled with 'software patents' - wait I may no longer say that - well the 'protection of computer-implemented inventions'".
www.danataschner.com /software_patent.html   (1546 words)

  
 No Lobbyists As Such - The War over Software Patents in the European Union   (Site not responding. Last check: 2007-11-05)
In today’s vote on its patent policy resolution, the European Parliament approved the compromise text I had previously reported on, but it also voted in favor of a few amendments.
Note that no opponent of software patents ever asked anyone in the EP to pass a resolution in the specific context of the European Commission’s patent policy consultation: this was primarily an initiative taken by a German conservative, Klaus-Heiner Lehne MEP.
Applying the EPLA to software patents granted by the EPO would create a dangerous body of jurisprudence on an issue which was clearly discarded by the European Parliament and by European stakeholders one year ago”, continued Ms Cimaglia.
www.no-lobbyists-as-such.com /florian-mueller-blog   (5539 words)

  
 Ladas & Parry - Patents & Copyrights
We are also one of the leading filers of International Patent Applications under the Patent Cooperation Treaty (PCT).
The partners and associates in the Ladas and Parry U.S. and Foreign Patent Practice Groups are typically licensed to practice before one or more of the patent offices in Canada, Germany, Great Britain, and United States and/or at the European Patent Office and have technical backgrounds covering all aspects of modern technology.
We treat these two subject areas together since most of the papers we publish which deal with copyrights do so in the context of protecting software, which can also be protected by patents in many countries.
www.ladas.com /Patents/index.html   (390 words)

  
 Software Patent Web Links and Related Resources - part of Software Patents Involving Crystallography - CCP14 Homepage - ...
Under both Elizabeth I and her successor James I, the granting of monopolies for particular commodities became increasingly subject to abuse.
The famous patent of Arkwright for spinning machines was voided for the lack of an adequate specification in 1785, after it had been in existence for 10 years.
I think Stallman's papers under 'philosophy' @www.gnu.org talk about this with reference to an Economist article and a statement that (software?) patents are basically only useful to IBM as an offensive weapon or, perhaps, a defensive one, rather than encouraging innovation.
www.ccp14.ac.uk /maths/software-patents/software_patent_links.html   (9876 words)

  
 WTO | Intellectual property (TRIPS) - gateway
Disputes arising from the obligations under the TRIPS Agreement are subject to the WTO’s dispute settlement procedures.
Your word processing software might be able to open RFT files, but the resulting formatting is unpredictable.
The second, in 2001, is a similar programme for least-developed countries, to help them with their 1 January 2006 deadline, and to make use of intellectual property protection for their economic, social and cultural development.
www.wto.org /english/tratop_e/trips_e/trips_e.htm   (902 words)

  
 Software patents under the Patent Cooperation Treaty
There is almost nothing in the Patent Cooperation Treaty that relates to software patents.
The only relevant provision can be found in the Implementing Regulations under the Patent Cooperation Treaty, in which Rule 67.1 PCT states that
"Nothing in this Treaty and the Regulations is intended to be construed as prescribing anything that would limit the freedom of each Contracting State to prescribe such substantive conditions of patentability as it desires.
www.reboom.com /article/Software_patents_under_the_Patent_Cooperation_Treaty.html   (151 words)

  
 Patent Cooperation Treaty (BitLaw)
The translations shall be prepared by or under the responsibility of the International Bureau.
(b) If a situation under Article 34(4)(b) is found to exist, the international preliminary examination report shall, in relation to the claims in question, contain the statement as provided in subparagraph (a), whereas, in relation to the other claims, it shall contain the statement as provided in paragraph (2).
Any attorney, patent agent, or other person, having the right to practice before the national Office with which the international application was filed, shall be entitled to practice before the International Bureau and the competent International Searching Authority and competent International Preliminary Examining Authority in respect of that application.
www.bitlaw.com /source/treaties/pct.html   (7114 words)

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