August 16, 2011

Patenting Computer Software

The issue of #Software #Patents is an area of Intellectual Property Law that legal practitioners have traditionally struggled with. It is commonly perceived that
if an invention is computer software related then it will not be patentable.

In many cases this is true but as rules regarding patentability of computer software vary from country to country, it would be a mistake to simply write off your
chances of obtaining meaningful patent protection. In Europe, computer software and computer implemented inventions are patentable but only they involve a technical
effect beyond the necessary interaction between hardware and software. Some examples of technical effect are:

  • Editing a photo within computer software;

  • Using computer software to optimise fuel efficiency in a vehicle;

  • Communicating with a satellite to pinpoint a location;

  • Allocating resources within a computer to prioritise specific tasks;

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