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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 ...
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.
Like the other parts of the paragraph 2, computer programs are open to patenting to the extent that they provide a technical contribution to the prior art.In the case of computer programs and according to the case law of the Boards of Appeal, a technical contribution typically means a further technical effect that goes beyond the normal physical interaction between the program and the computer.
[citation needed] Unlike the laws of most countries, the US patent law provides for a one-year grace period in cases of inventor's own prior disclosure. [28] Another unique feature of the US patent practice is a provisional patent application , which allows an inventor to establish a priority and gives them a year to improve on their invention ...
The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions. Policy debate on software patents has been active for years. [ 1 ]
This is in complete compliance with the PCT since Article 27(5) PCT provides that, as far as substantive conditions of patentability are concerned, national and regional patent laws prevail: Nothing in this Treaty and the Regulations is intended to be construed as prescribing anything that would limit the freedom of each Contracting State to ...
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