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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