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Other Intellectual Property Laws: Application of Patent Law to IT Components: Software and Related Inventions

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Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorOther Intellectual Property Laws: Application of Patent Law to IT Components: Software and Related Inventions

Application of Patent Law to IT Components: Software and Related Inventions.

Certain IT components may also be protectable by patents. Patents grant to an inventor a monopoly over the invention¿s use and exploitation. The application of patent laws to computer programs and related inventions varies from country to country.

  1. Patent Admissibility

    The patent protection accorded by different countries to software and related inventions is based on various International Treaties[12] and national laws.

    There are differing practices with respect to software protection, although as a general rule, most national laws and conventions provide that a patent is available only for inventions that are novel, involve an inventive step and are useful or industrially applicable. [13]

    Novelty is an essential condition of patentability. This principle means that an invention shall be considered to be new if it is not comprised in the prior art. Novelty results from the comparison between the existing prior art at the date of filing and the claimed invention. Prior art constitute the body of knowledge which was available to the public before the filing date or, if priority is claimed, before the priority date, of a patent application.

    Inventive step (or non-obviousness or inventive activity) is, like novelty, a fundamental condition of patentability. Inventive step means that an invention is considered to be non-obvious if, compared to the prior art, it is not obvious to a person skilled in the art.

    The third requirement of patentability is utility. The objective of this condition is to exclude from patentability inventions, which have no utility in any field of industry, which may only be used for private purposes or which do not achieve the objective, claimed by the invention.

    In Japan[14] and the United States[15], the patentability of computer programs is widely admitted and encompasses the program stored on a disk and those forms that are commercialized separately from the hardware (for example, the 'Beauregard-type claim', the 'Lowry-type claim', the 'Propagated signal claim'). Computer -implemented processes related to e-commerce, the Internet and data processing involve finance, business practices, management or cost/price determination are classified in Class 705. [16] The invention as a whole must accomplish a practical application, the mathematical algorithm in a claim could be an object of protection, as long as it produces a useful, concrete and...

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