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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.
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 courts [1] or in ...
This is a list of software patents, which contains notable patents and patent applications involving computer programs (also known as a software patent). Software patents cover a wide range of topics and there is therefore important debate about whether such subject-matter should be excluded from patent protection. [ 1 ]
[citation needed]) The law in India does clearly state that a "literary work" includes computer programs [40] and hence by extension, the source code of video games can be protected as software or literary work. Unlike the US, in India, different aspects of a game, like the art, code, gameplay mechanics etc. are copyrightable independently. [41]
The computer program exclusion was indeed inserted in the EPC in line with Rule 39.1 PCT, so that Rule 39.1 predates Art. 52(2) and (3) EPC. [7] However, while the PCT condition for excluding computer programs is a question of equipment, the EPC condition is a question of "computer program as such".
OpenAI, however, argues there is 2009 court precedent in India that says merely because an app or webpage is accessible there does not mean judges can get jurisdiction "over a foreign defendant."