
Legal Protection for Computer-Implemented Inventions
Description
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Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers such issues and topics as the following:
- claim categories for patent applications;
- sufficient level of abstraction/breadth of the claimed invention;
- fundamental terms of computing and terminological traps;
- probability for patents dependent on software application areas; and
- patents in core areas of computing.
With separate chapters for the key countries, Germany, the United Kingdom, France, the United States, China, Korea, Japan, India, and the European Patent Office the legal situation for computer-implemented inventions in each country or region, this book includes guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments. The authors describe claim formulation based on actual cases and on principles of computer science in order to show what might be or might not be patentable in each jurisdiction.
With this incomparable resource, patent attorneys and patent professionals in companies will get a basis for making decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be of great value to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.
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Content
- Intro
- Foreword
- List of Abbreviations
- List of Figures
- List of Tables
- Acknowledgements
- CHAPTER 1Introduction
- CHAPTER 2Basics of Computer Science and Protection of Software
- §2.01 Introduction
- §2.02 Computer Program: Algorithm or Final Program in the Claim?
- §2.03 The Knowledge Gap Between Computer Science and Patent Law
- §2.04 The Patent System as Promoter of Technological Development
- [A] Pragmatic Reasons to Exclude 'Computer Programs Per Se'
- [B] Computer Programs as Implementation of 'Ineligible Subject Matter'
- [C] Education in Computer Science
- [D] Multidisciplinary Character and Increased Network Character of Computing
- [E] Summary
- §2.05 Informatics or Computer Science
- [A] Computer Science and Informatics: Different Terms in Different Countries
- [B] End-User Programming
- [C] Views on Computing: What Is the Topic of Computing?
- § Fundamental Terms of Computer Science with Reference to Patent Law
- [A] Introduction
- [B] The Stored Program Computer: Von Neumann Computer
- [C] Classification of Computers
- [D] Software/Computer Program/Algorithm and Data Structure
- [E] Coping with Complexity
- §2.07 Software Development/Software Engineering
- [B] Professional Software Development/Software Engineering
- [C] SWEBOK(r)3.0: Software Engineering Book of Knowledge
- [D] Algorithmic Problem Solving: Three Simple Examples
- [1] Example 1: Company Payroll Program
- [2] Example 2: Petrol Pump (Example for Embedded Systems)
- [3] Example 3: Real-Time Operating System (Embedded Systems)
- [E] Patent Law and Software Development Life Cycle
- §2.08 What Might Be a Software Patent?
- [A] 'Software Patent' and Patent Classification
- [B] Software Patent: View on Claims and/or Description
- §2.09 Summary
- CHAPTER 3Patenting Software: Obstacles and Challenges
- §3.01 First Challenge: Is Software Patent Eligible? A Heated Debate
- §3.02 Second Challenge: Sufficiency of Disclosure Versus Layer Model
- §3.03 Third Challenge: Clarity and Conciseness of the Claims Versus Virtual and 'Result to be Achiev
- §3.04 Fourth Challenge: Territoriality Versus Distributed Character of Software or How to Draft Clai
- §3.05 Fifth Challenge: Enforceability for CII Claims
- §3.06 Summary for the Major Approaches of the Different Jurisdictions
- CHAPTER 4Legal Practice on Computer-Implemented Inventions at the EPO
- §4.01 Fundamentals
- §4.02 Early Developments
- §4.03 Sources of Information
- §4.04 Amended Guidelines 1985
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