write a software patent

to the digital economy in different countries, many companies are in expensive R & D activities to develop innovative software application for the achievement of competitiveness. This paper consists of eight countries the most developed software industry in the world than the U.S. and Europe, Great Britain, Japan, Australia, South Africa, Malaysia, India and Israel. These countries are using their own standard software patents to be granted, the law followed by these countries are just outlined one by one.

United States

A few landmark decision of the software industry have been developed Diamond v. Diehr, In re Alappat, In re Lowry, State Street Bank & Trust Company v. Signature Financial Group, In re Wait, etc. At present the law in the United States "" an abstract idea of himself never met the requirements of patent law. However, an abstract idea, when practically applied to a useful, concrete and tangible result they met. "

The United States Patent and Trademark Office (UPSTO) now has a chapter on the patent business methods and business methods and data analysis is the issue of patents on software technology, if they are useful. Single click to order goods in an online transaction as famous Amazon.com.
1-click patent, an online system of accounting, in line rewards incentive system, online shoppers often, applications have their own customer price for the hotel booking, etc.

The figure shows the growth of patents in the U.S..

Europe

Under the European Patent Convention (EPC) 1973, and particularly in his article, which explicitly states that "discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, and programs computer, (my emphasis), the representation of information is not considered invention and not by patententability. The same law is followed by member countries of the EPC, where computer programs and business methods can not be patented. But practically, it is not so.

EPC, an organization called the European Patent Office that are not under the European Commission. It is the lack of the usual practice in the EPO and the number of patent offices of the EPC countries in the granting of patents and it was a big part of the uncertainty of whether software patents are enforceable. Harmonization of practices, a draft was proposed by the European Commission on this subject in 2002, but the text was not agreed. Some fear that in Europe there is much more liberal regime in comparison to the U.S., on the other hand, others fear that they lose patent protection that they already have and enjoyed. Ultimately the proposal was rejected in the European Parliament in July6, 2006, which makes clear that the opposition of the practice led to the Commission to clarify the law has not yet been completed.

UK

The impact of the EPC, followed by the UK patent law, so that "programs for computers" are not patentable if the patent application refers to a computer program as such. In February 2008 Astron Clinica Ltd, there are six application claiming it was "a way to do it" and "make device", using an appropriately programmed computer to the device. effect, the program, through a procedure (in connection with Astron Clinica case). United Kingdom Office for Intellectual Property (UKIPO) rejected these applications.

How UK laws "An invention shall be considered an invention if it is assumed that is not excluded and even technically. A computer program with which the industrial process can also be considered as an invention, but the program implements the business logic is not as an invention ".

Japan

The country, in addition to the U.S. and Europe, in Japan is a net exporter of intellectual rights.The standards for the granting of software patents were in 1993. The software patent law in Japan are very lenient. Software invention is patentable. As the patent law in Japan, the nature of the invention is defined as "a creation of technical ideas by using a law of nature". Guidelines, such as Japan claims can be patented if "the use of natural law in the processing of information, the software" and "invention with hardware resources.

Cause of the more lenient guidelines, which the software can not be patented in Europe can be patented in Japan. It is the second country to register the number of software patents to U.S..

Australia

In Australia, when the methods of doing business are pure or abstract, then they are not considered to be patentable, but if the method is used by a computer to the exclusion of business methods.

The court referred the National Research Development Corporation v. Commissioner of Patents [13], as the leading authority in Australia [14], in which the High Court, said: "a process that, within the limits of patentability. . . , It must be one that offers some advantages, which is essential in the sense that the process belongs to a useful art as a fine art. . . - The fact that the benefit to the country in the field of economic endeavor. "

India

In the Indian patent law, "a mathematical or business method or computer program per se (by itself or in itself)" or algorithms is not an invention within the meaning of the Patent Act. It was further modified a computer program per se other than its technical application in industry or a combination with hardware "can be patented.

The current investigation of the Indian Patent Office guidelines on software sound similar to the traditional European approach to the European Parliament once again on 2003-09-24.

South Africa

In South Africa, the primary objective of the patent should be to encourage and promote innovation. Some adhered to strict rules governing the award of a patent. First: The invention must be new - that is significantly different from each state of the art. Secondly, it is important to be inventive and not obvious - that is, with the same invention can not be any average practitioner in the field of technology would be if the patent is granted. Thirdly, the patent is of benefit.
These are the rules on the granting of patents in South Africa and the same applies to the software.

Israel

In Israel, patenting of software inventions depends on the term "process". "In the Rosenthal and United Technologies cases the courts as the term is essentially a physical matter to change its appearance or condition. According to this argument, not the Israeli patent on a computer program to a process, because they are not in physical changes.

Malaysia

The existing patent Malaysia no special provision for software inventions. Section 13 (1) (a) of the Malaysian Patent Act 1983 explicitly excluded from patentability material "" discoveries, scientific theories and mathematical methods "and in paragraph (c)" "plans, rules and procedures for business activities that are purely mental activities or for games. " That is quite equal to patent law in the UK. Malaysia has a modified system for the examination of patent applications that depend on whether the claims, which in other countries. In this way, software patents have been issued in Malaysia.

Conclusion

The developed countries have very good quality, quantity and value of patents. Comparing the development of countries, they are still on progress, there are improvements in their quantity, but the factors such as quality and value are still a big difference with the low performance in independent innovation and is the successor of the powerful countries who are not themselves carrying out such measures. The government of the developing countries must be the momentum in favor of patent protection of civilians and some more independent strategies.

http://wiki.ffii.org/SwpatinEn
http://www.out-law.com