Software Patents


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Software Patents

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Software Patents

  2. 2. INVENTIONS Subject Matter Usefulness Novelty Non-obviousness Specification PATENTS Patent Filter Model
  3. 3. Subject Matter Exclusions  Abstract Ideas,  Laws of Nature,  Natural Phenomenon
  4. 4.  Diamond v. Diehr (US Supreme Court) o Process of curing synthetic rubber o Use of Arrhenious equation to determine temperature o Alarm/Buzzer for opening the rubber molding press o Machine Controlled by Computer Program patentable  State Street Bank v. Signature Financial Corp. ◦ Hub and spoke financial services Config. ◦ Requirements of Internal Revenue service for avoiding taxes on a partnership. ◦ Useful, concrete, tangible result test
  5. 5.  In Re Bilski ◦ Hedging of risks in commodity trading ◦ E.g. coal industry ◦ Machine or Transformation test  There should be a structural limitation; OR Should change a physical tangible object from one form to another
  6. 6.  Public or private legal obligations  Relationships  Business risks Any transformation related to these is not covered
  7. 7.  Courts cannot read limitations into patent law that don’t otherwise exist  Machine or transformation test not the only litmus test  Machine or transformation test- important inquiry  Abstract idea not patentable- if not directed towards an abstract idea, process claims are patentable.
  8. 8.  Effect of drug dosage on human body  Method of optimizing therapeutic efficacy for treatment of…  Claim tries to monopolize a natural process  Extra steps in the process insufficient to transform natural law into patentable process
  9. 9. Process Claim Natural Phenomenon Machine or Transformation Test Abstract Idea Other elements that make process patent eligible
  10. 10. Subject Matter Exclusions  Discoveries  Scientific Theories  Mathematical methods  Aesthetic Creations  Schemes, rules, mental acts  Methods of doing business  Programs for computers AS SUCH
  11. 11.  Resource recovery in a computer system  “Further technical effect” which goes beyond the normal physical interactions between a program and the computer  Computer program claimed by itself or claimed as a computer readable medium- No difference under Article 52 (2) EPC
  12. 12. Method in a digital mobile telephone system of the GSM type, in which subscriber units (MS) are controlled by a subscriber identity module (SIM), characterised in that the subscriber identity module (SIM) is allocated at least two identities (IMSI 1 , IMSI 2), information thereon being stored in a home database of the system, said at least two identities being selectively usable, wherein only one identity (IMSI 1 or IMSI 2) can be activated at a time, the user when using a subscriber unit (MS) selectively activating the desired identity in said home database from the subscriber unit, wherein the selective activation is used for distributing the costs for service and private calls or among different users
  13. 13.  Two parts of claim ◦ Elements contributing to Technical Character ◦ Elements not contributing to Technical Character  Inventive step should be assessed for the elements contributing to technical character  Problem-Solution analysis ◦ A technical problem should be solved by the invention ◦ Non technical elements may be used in formulating a problem  Non Patentable as invention is obvious.
  14. 14. Software Claim Identification of technical problem Elements contributing to technical character should solve the problem In case of absence of hardware- Further technical effect
  15. 15. Exclusion “Software per se”
  16. 16.  Section 3 (k) amendment recommended-  Addition of words- “a computer programme per se other than its technical application to industry or a combination with hardware” Rejected by Parliament
  17. 17.  Method claims for software inventions  Hardware limitations allowed  a method for processing seismic data, comprising the steps of collecting the time varying seismic detector output signals for a plurality of seismic sensors placed in a cable”  Withdrawn from circulation  New Manual does not mention them any more
  18. 18. FOR ANY QUERIES: THANK YOU!!! A Property of BananaIP