The book also explores internet and e-commerce patents and information protection using the software patent.
Author: Gregory A. Stobbs
Publisher: Aspen Publishers Online
Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. Software Patents, Third Edition will show you how to draft accurate, complete patent applications -- applications that will be approved by the patent office and that will stand in court if challenged. It discusses what a software patent is and the legal protection it offers; who holds software patents and for what inventions; and the steps you can take to protect software inventions in the worldwide marketplace. The book also explores internet and e-commerce patents and information protection using the software patent. Completely revised and updated in a new looseleaf format, Software Patents, Third Edition is your authoritative source for expert guidance on: Strategic software patent protection Prior art searches Drafting claims Drafting the software patent specification Requirements for software patent drawings Patent Office examination guidelines International software patent protection Beta testing software inventions Integrating software patents with industry standards Invalidity defenses in software patent litigation
This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and ...
Author: Arezzo, E. Ghidini, G.
Publisher: Edward Elgar Publishing
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.
precondition, as they see the danger therein that the large enterprises, very
active in patenting and pure 'patent hunters' would tend to protect pure software
code without the proof of technical transferability. The strong increase of such ...
Author: Knut Blind
Publisher: Edward Elgar Publishing
Category: Business & Economics
There has been continued debate in Europe over whether to change the patentability of software - or so-called computer-implemented inventions - and to follow the US model of allowing software patents. The European debate has shown a severe lack of empirical analysis on the possible impact of software patenting that goes beyond interest-driven rhetoric. This book seeks to address this shortcoming by taking a two-fold approach. Firstly, a survey of German software companies provides a representative overview of both general strategies to protect inventions and opinions regarding the future IPR regime in the context of innovation strategies - including the importance and use of Open Source software. Secondly, a series of case studies illustrate the varying impacts that patents and other protection strategies can have in specific contexts. This book provides both a theoretical overview of the economic impacts and policy implications of software patents, and an empirical foundation upon which to base a discussion on how to shape the intellectual property regime for software.
Release on 2017-05-17 | by Alexandru Cristian Strenc
The title of this monograph might indicate a common denominator of 'European'
for both Software Directive and software patents and because we would not like
to leave any room for speculation, we would like to assert from the very beginning
Author: Alexandru Cristian Strenc
Publisher: Kluwer Law International B.V.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Software Directives and European Software Patents. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in European Software Directives and European Software Patents will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Software Patents: A Practical Perspective is a concise explanation of software patent law with an emphasis on recent developments in the courts and at the patent office. The book is intended to help law students and patent attorneys quickly catch up on these recent developments. The book may also be helpful for engineers who already have some familiarity with patents.
What explains software patent propensity? We find that firms apply for more software patents when they are both more research and capital intensive and
when the industry workforce consists of more programmers and engineers. We
did not ...
Publisher: OECD Publishing
This publication presents a collection of the policy-oriented empirical studies and stakeholders' views designed to show how patent regimes can contribute more efficiently to innovation and economic performance.
This total strategy guide will help you deal with today's lightning-paced technological developments, changes in PTO policy, & pivotal court rulings.
Author: Steven W. Lundberg
Publisher: Bna Books
Now there is a focused, practical reference to help you draft, prosecute, & manage a strong portfolio of patents in the fast-changing specialty of electronic & software patent law. This total strategy guide will help you deal with today's lightning-paced technological developments, changes in PTO policy, & pivotal court rulings. In this step-by-step resource, more than 30 practitioners--handpicked for their experience in this challenging specialty--give you perspective & tactics including: * guidance on tough decisions such as whether to seek patent protection at all ... how to search for & evaluate prior art ... how to use trade secret & copyright law in conjunction with your patent strategy ... & how to draft your claims for broad yet distinct interpretation * succinct, useful lessons on preparing computer-related patent applications under Alappat, its progeny, & the PTO's examination guidelines * compelling insights on drafting with the appropriate scope--& the unique, software-related aspects of the best-mode, enablement, & written-description requirements of Section 112 * candid practice "tips & traps" for each step of the patent prosecution process--including the 10 types of patent prosecutions & how to deal with each one * international survey of the statutes, regulations, & case law of more than 40 nations--plus basic global principles of patentability * plus two sample patents, a timesaving practice checklist, a case table, & an exhaustive topic index No other resource gives you such specific, practice-oriented guidance for maneuvering through this dynamic I.P. area. Use it to: * determine when to seek--or not to seek--a software or electronic patent * craft strong, defensible patent specifications & claims * save precious time in the complex patent prosecution process * protect competitive information with the full range of I.P. protections * develop & manage a strategic & powerful portfolio of domestic & foreign patents.
 Pros for Software Patents The most significant feature of patent protection for
software is that a patent can protect the idea or concept underlying the invention.
The ideas or concepts embodied in computer programs may have great value.
Author: Diane Rowland
Publisher: Psychology Press
Diane Rowland examines recent developments in criminal law, tort, contract law and intellectual property rights law that have taken place in response to technological advances and innovations.
By analyzing the patterns of the patenting behaviour of firms and comparing them
with the other two technologies, we discover how firms' behaviour was affected
by the frequent changes in the software patenting doctrine and how firms ...
Author: Elad Harison
Publisher: Edward Elgar Publishing
Category: Business & Economics
This book examines the effects of Intellectual Property Rights (IPRs), namely patents and copyrights, on innovation and technical change in information technologies. It provides new insights on the links between markets, technologies and legislation by applying a variety of empirical and analytical methods. The book also explores the success of the Open Source movement to establish an alternative regime for IPRs by illuminating the rationale behind it and illustrating how Open Source can strategically be used by firms.
There is also an argument that because the distribution costs of software are so
low compared to the distribution costs of physical inventions, patents should not
apply to software. Although this is an argument against software patents, it seems
Author: Bob Zeidman
Publisher: Prentice Hall Professional
Category: Business & Economics
“Intellectual property, software plagiarism, patents, and copyrights are complicated subjects. This book explains the key elements better than anything else I have seen. I highly recommend it to anyone who develops software or needs to protect proprietary software algorithms, and to all attorneys involved with IP litigation.” –Capers Jones, President, Capers Jones & Associates LLC “Intellectual property is an engine of growth for our high tech world and a valuable commodity traded in its own right. Bob Zeidman is a leading authority on software intellectual property, and in this book he shares his expertise with us. The book is comprehensive. It contains clear explanations of many difficult subjects. Business people who study it will learn how to protect their IP. Lawyers will use it to understand the specifics of how software embodies IP. Judges will cite it in their decisions on IP litigation.” –Abraham Sofaer, George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs, Hoover Institution, Stanford University The Definitive Software IP Guide for Developers, Managers, Entrepreneurs, Attorneys, and Consultants In The Software IP Detective’s Handbook, pioneering expert Bob Zeidman–creator of CodeSuite®, the world’s #1 software IP analysis tool–thoroughly covers all technical and legal aspects of IP theft detection. Using his rigorous framework and practical examples, you can accurately determine whether software copying, theft, or infringement has occurred, and fully support your findings in any venue. This book will help you Understand the key concepts that underlie software IP analysis Compare and correlate source code for signs of theft or infringement Uncover signs of copying in object code when source code is inaccessible Track malware and third-party code in applications Use software clean rooms to avoid IP infringement Understand IP issues associated with open source and DMCA Visit www.SAFE-corp.biz to download a free trial version of CodeSuite®, the #1 tool for detecting software copying.