Patentability Of Computer-implemented Inventions Research Articles

Revisiting G 1/19 Three Years Later: A Missed Opportunity?

Abstract Decision G 1/19 of the EPO’s Enlarged Board of Appeal has changed the patentability of computer-implemented simulations. It has also had an impact on the patentability of computer-implemented inventions in Europe more generally, which has become more restrictive as existing case law has not been confirmed. Moreover, G 1/19 has started a process in which previously well-defined legal terms are becoming increasingly blurred. The author identifies the problems associated with this development and points to early case law, such as T 208/84 and the German Federal Supreme Court’s (BGH) Logikverifikation, which the Enlarged Board of Appeal could easily have followed but chose not to. Finally, the author presents his own ‘Three Motives Model’ as a possible solution and compares it with a previous, similar model based on a ‘Virtual Analog Rule’ for patent eligibility suggested by Joseph. S. Bird in the US in 2015.

Theoretical Framework of Smart Intellectual Property Office in Developing Countries

Rapid ICT development, globalization challenges, intellectual property (IP) as indicators of economic development, and the challenge are the patentability of computer-implemented inventions and artificial intelligence implications for the IP Office (IPO) to transform from the digital paradigm to the smart paradigm. Nevertheless, because of the lack of literature on the smart IPO framework, we refer to smart government and smart city framework. The aim of this paper is to propose a framework for smart IPO in developing countries in the context of smart city framework. The study found that smart IPO composed of several components such as 1) Smart IPO Model; 2) Smart IPO Enterprise Architecture; 3) Smart IPO Collaboration Model; 4) Smart IPO Development Model; 5) Smart IPO Measurement Model; 6) Smart IPO Standard; and 7) Smart IPO Services. It also found that there are four models of IP office as follows: Model 1 (basic web-based, public services); Model 2 (advanced internal administration); Model 3 (full process automation); and Model 4 (knowledge-based IP services). Moreover, we found also three stages of IP development model: Stage 1 (automation of internal processes); Stage 2 (web-based e-services); Stage 3 (e-dossier, e-filing, e-payment).

The Assessment of the Technicality of Computer-Implemented Inventions in Europe

Article 52 of the European Patent Convention provides for an exclusion of computer programs. The criterion of technical character (or technicality) is used to assess the patentability of computer implemented inventions. However, this assessment has varied over the years and according to the forum.

Internet-Based Protest in European Policymaking

European Institutions, especially the European Parliament, are venues of access for digital activist networks wishing to influence policymaking on issues of intellectual property rights, internet regulation and the respect of civil rights in digital environments. We refer to these networks as “digital activism”. They are more or less loosely rooted in hacker culture and are intensively making use of online tools to organize and consolidate a collective identity and build a transnational public sphere. This study focuses on the “no software patents” campaign led by this movement that aimed at influencing the directive on the patentability of computer implemented inventions (2002-2005). By discussing the advocacy techniques—both online and offline—that were developed by this digital activist network, we provide an insight into power struggles that are currently taking place in Europe, but also in other regions of the world.

Legal update Patenting database marketing software

Database marketing is, by its very nature, a software-driven business. An enormous range of software products covers the wide variety of applications that arise in this field, and use of appropriate software can make the difference between database marketing success and failure. Since a company's software requirements are intrinsically linked to its particular business, some companies buy bespoke packages and others even write their own code. Despite software being such an essential resource, however, some database marketers and the software companies which supply them may not have considered the issue of the extent to which computer software is patentable. This issue has recently been hotly debated in Europe because of proposals for a new European Directive on the patentability of computer-implemented inventions. This has major implications for software developers and users, including those in the database marketing field. This paper explores the potential significance of software patenting for database marketers and software developers and provides an overview of the present position.

Patentability of computer-implemented inventions

Patentability of computer-implemented inventions

European union struggles with new rules for software patents

A proposed law designed to further standardize the patent process in European Union countries has sparked controversy with amendments relating to software and business methods. Dubbed the European Union Directive on the Patentability of Computer-Implemented Inventions, the directive and its series of revisions underscore the great differences between Parliament's and Council's approach to the future of EU software patent law. One of the directive's goals is to encourage progress, innovation, and competition in the software market. But the lawyers questioned the strength of the patent protections in Parliament's version, saying that without solid protections, firms could seek to protect technical information as trade secrets. Meanwhile, in the US, complaints continue to mount about the cost and complexity of the patent process for technology companies. Technology groups including the Electronic Frontier Foundation (EFF) say the process needs a tune-up, so they're taking action.

The directive on the patentability of computer-implemented inventions [Global Communications NewsIetter

The directive on the patentability of computer-implemented inventions [Global Communications NewsIetter

Draft directive on the patentability of computer-implemented inventions: The European Parliament's amendments - have the proposals been wrecked?

This article explores the current state of play in the attempts by the European Commission to secure the passage of the proposed directive on computer implemented inventions

The Proposal for a Directive on the Patentability of Computer-implemented Inventions

The European Commission Proposal for a Directive on the Patentability of Computer-implemented Inventions is an important step towards harmonising and clarifying the patent protection available for such inventions in European Member States. This paper discusses the proposed Directive, its potential impact and some initial reactions from those in the software industry. It outlines the background to the Proposal, discussing briefly the exclusion of computer programs 'as such' from patent protection under the European Patent Convention (EPC). The paper observes that, in its current form, the proposed Directive will narrow the protection currently available to patentees and that some thought should be given to transitional provisions. It concludes that, whatever balance is struck as the Directive progresses to adoption, the Directive will have the benefit of providing a mechanism for aligning the approach of European Member States to patenting computer-implemented inventions. 'Educational initiatives' may, however, be required if European companies, in particular Small and Mediumsized Enterprises (SMEs), are, as intended by the Commission, to view the harmonization and greater transparency provided by the proposed Directive as an incentive to use patents to exploit their computer-implemented inventions.