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Software Patent
A software patent is a patent on a piece of software, such as a computer program, library, user interface, or algorithm. The validity of these patents can be difficult to evaluate, as software is often at once a product of engineering, something typically eligible for patents, and an abstract concept, which is typically not. This gray area, along with the difficulty of patent evaluation for intangible, technical works such as libraries and algorithms, makes software patents a frequent subject of controversy and litigation. Different jurisdictions have radically different policies concerning software patents, including a blanket ban, no restrictions, or attempts to distinguish between purely mathematical constructs and "embodiments" of these constructs. For example, an algorithm itself may be judged unpatentable, but its use in software judged patentable. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Patents Under United Kingdom Patent Law
There are four overriding requirements for a patent to be granted under United Kingdom patent law. Firstly, there must have been an Patentable subject matter, invention. That invention must be Novelty (patent), novel, Inventive step and non-obviousness, inventive and Industrial applicability, susceptible of industrial application. (See Patentability.) Patent laws in the UK and throughout Europe specify a non-exhaustive list of excluded things that are not regarded as ''inventions'' to the extent that a patent application relates to the excluded thing as such. This list includes ''programs for computers''. Despite this, the United Kingdom Intellectual Property Office (UKIPO) regularly grants patents to inventions that are partly or wholly implemented in software. The extent to which this should be done under the current law and the approach to be used in assessing whether a patent application describes an invention has been settled by the Court of Appeal. The UK approach is quite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Out-of-core Algorithm
In computing, external memory algorithms or out-of-core algorithms are algorithms that are designed to process data that are too large to fit into a computer's main memory at once. Such algorithms must be optimized to efficiently fetch and access data stored in slow bulk memory ( auxiliary memory) such as hard drives or tape drives, or when memory is on a computer network. External memory algorithms are analyzed in the external memory model. Model External memory algorithms are analyzed in an idealized model of computation called the external memory model (or I/O model, or disk access model). The external memory model is an abstract machine similar to the RAM machine model, but with a cache in addition to main memory. The model captures the fact that read and write operations are much faster in a cache than in main memory, and that reading long contiguous blocks is faster than reading randomly using a disk read-and-write head. The running time of an algorithm in the externa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation The ''Australian Guide to Legal Citation'' (AGLC) is published by the ''Melbourne University Law Review'' in collaboration with the ''Melbourne Journal of International Law'' and seeks to provide the Australian legal community with a standard fo ...'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law Reports
The Australian Law Reports are a series of law reports which report cases from the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories exercising federal jurisdiction. The reports are not officially authorised. After each authorised series they are the most often cited series of law reports in Australia. They were previously called the Australian Argus Law Reports. See also * Commonwealth Law Reports The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the ed ... * List of Law Reports in Australia References {{Australia-law-stub Law of Australia Case law reporters of Australia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Monopolies
The Statute of Monopolies ( 21 Jas. 1. c. 3) was an act of the Parliament of England notable as the first statutory expression of English patent law. Patents evolved from letters patent, issued by the monarch to grant monopolies over particular industries to skilled individuals with new techniques. Originally intended to strengthen England's economy by making it self-sufficient and promoting new industries, the system gradually became seen as a way to raise money (through charging patent-holders) without having to incur the public unpopularity of a tax. Elizabeth I particularly used the system extensively, issuing patents for common commodities such as starch and salt. Unrest eventually persuaded her to turn the administration of patents over to the common law courts, but her successor, James I, used it even more. Despite a committee established to investigate grievances and excesses, Parliament made several efforts to further curtail the monarch's power. The result was the Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Patents Under United States Patent Law
Neither software nor computer programs are explicitly mentioned in statutory United States patent law. Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent-ineligible subject matter for a number of new technologies including computers and software. The first computer software case in the Supreme Court was ''Gottschalk v. Benson'' in 1972. Since then, the Supreme Court has decided about a half dozen cases touching on the patent eligibility of software-related inventions. The eligibility of software, as such, for patent protection has been only scantily addressed in the courtsHowever, a recent nonprecedential decision of the Federal Circuit held that software as such is not patent eligible. or in legislation. In fact, in the recent Supreme Court deci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Computer Programs And The Patent Cooperation Treaty
There are two provisions in the regulations annexed to the Patent Cooperation Treaty (PCT) that relate to the search and examination of patent applications concerning computer programs. These two provisions are present in the PCT, which does not provide for the grant of patents but provides a unified procedure for filing, searching and examining patent applications, called international applications. The question of patentability is touched when conducting the search and the examination, which is an examination of whether the invention appears to be patentable. These two provisions are and , and, in conjunction respectively with and , may have a concrete impact on the procedure under the PCT, in the search and examination performed under the PCT."''The international examination now being conducted by CIPO instead of EPO may also have repercussions given the position taken by CIPO regarding the patentability of certain kinds of subject-matter in comparison with EPO and other coun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Patents Under The European Patent Convention
The patentability of software, computer programs and computer-implemented inventions under the European Patent Convention (EPC) is the extent to which subject matter in these fields is patentable under the Convention on the Grant of European Patents of October 5, 1973. The subject also includes the question of whether European patents granted by the European Patent Office (EPO) in these fields (sometimes called "software patents") are regarded as valid by national courts. Under the EPC, and in particular its Article 52, " programs for computers" are not regarded as inventions for the purpose of granting European patents, but this exclusion from patentability only applies to the extent to which a European patent application or European patent relates to a computer program as such. As a result of this partial exclusion, and despite the fact that the EPO subjects patent applications in this field to a much stricter scrutiny [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Patents Under TRIPs Agreement
The WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), particularly Article 27, is occasionally referenced in the political debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be considered as a field of technology. Article 27 of TRIPS Article 27 paragraph 1 of TRIPS provides for that: The only allowable exceptions to this provision are laid down in paragraphs 2 and 3 of the same Article 27, and neither software nor computer programs are mentioned therein. The following elements may be excluded from patentability by WTO members under TRIPs: * (...) inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ''ordre public'' or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms; however, only documents that are legally binding on the parties are considered treaties under international law. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). Treaties are among the earliest manifestations of international relations; the first known example is a border agreement between the Sumer, Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the Early modern period, early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
