Patent Law for Computer Scientists


Book Description

Patent laws are different in many countries, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices in the US (USPTO), Japan (JPO), and Europe (EPO). The authors start with a thorough introduction into patent laws and practices, as well as in related intellectual property rights, which also explains the procedures at the USPTO, JPO and EPO and, in particular, the peculiarities in the treatment of applications centering on software or computers. Based on this theoretical description, next they present in a very structured way a huge set of case studies from different areas like business methods, databases, graphical user interfaces, digital rights management, and many more. Each set starts with a rather short description and claim of the "invention", then explains the arguments a legal examiner will probably have, and eventually refines the description step by step, until all the reservations are resolved. All of these case studies are based on real-world examples, and will thus give an inexperienced developer an idea about the required level of detail and description he will have to provide. Together, Closa, Gardiner, Giemsa and Machek have more than 70 years experience in the patent business. With their academic background in physics, electronic engineering, and computer science, they know about both the legal and the subject-based subtleties of computer-based inventions. With this book, they provide a guide to a patent examiner’s way of thinking in a clear and systematic manner, helping to prepare the first steps towards a successful patent application.




Legal Protection for Computer-Implemented Inventions


Book Description

As a result of the incorporation of computer software into countless commercial and industrial products, the patentability of software has become a vital issue in intellectual property law. This indispensable book provides an overview on the current status of computer-implemented inventions in patent law across Europe and major jurisdictions worldwide. A hugely practical field research tool with guidance based on case law, it examines the major hurdles in each particular country and describes the best practice to be adopted. 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.




Patents Demystified


Book Description

For startups, entrepreneurs and inventors, Patents Demystified provides an easy-to-understand insider's guide to patents, patent law, and the patent application process. Based on first-hand experience with successful companies of all sizes, patent attorney Dylan O. Adams helps readers learn the secrets of maximizing patent protection on any budget, with strategies that can be tailored to companies with any business plan or product. Instead of being intimidated and confused by patents, readers will discover how to proactively craft a customized patent strategy, thereby taking the mystery out of what can be an arduous and complicated process. Official Patent Guide of The American Bar Association Used at Top Universities Including Harvard, Stanford and MIT




Transition and Coherence in Intellectual Property Law


Book Description

This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.




WIPO Guide to Using Patent Information


Book Description

This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.




A Patent System for the 21st Century


Book Description

The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.




Information Communication Technology Law, Protection and Access Rights: Global Approaches and Issues


Book Description

"This book identifies key issues in the relationship between ICT and law, ethics, politics and social policy, drawing attention to diverse global approaches to the challenges posed by ICT to access rights"--Provided by publisher.




Information Technology Law in the Czech Republic


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law – the law affecting information and communication technology (ICT) – in the Czech Republic covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.







Modern Intellectual Property Law


Book Description

Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law. This new edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation. Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.