Thursday, June 1, 2006

Patentability of Software Inventions

Author: Umakant Mishra
Abstract:
Software is very expensive to develop but very inexpensive to copy. Just by copying a software you create an exact duplicate of the original software and all with the same functionality. There is no difference between the original (which is bought) and the copy (pirated). The worse is when the source code is copied. The copier can even claim to have developed the software where the credit of the developer might go. The software developers use various methods to protect their source code such as copyright, trade secrets etc. but each having limitations. The developers are keen on finding legal frameworks to protect their investments. While copyright law protects expression, Patenting software inventions can protect the infringement of patent claims. However, most small to Medium Developers don't get the benefit of patenting because of its expenses. This article describes what types of software inventions are patentable and the scope of patent laws in software patenting in different countries.

Keywords: TRIZ Software, Innovation, Inventive Problem Solving, Patentability criteria, software patents, software inventions, Patent Evaluation, Patent application, patent rejection


Umakant Mishra, Patentability of Software Inventions (May 2, 2014). Available at SSRN: http://ssrn.com/abstract=2432070



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