PATENTS Software and Biotech. Victor H. Bouganim WCL, American University. EU and UK Computer programs “as such” are not patentable. The requirement of “technical effect.” Systems in which one of the components is software are patentable. USA
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Victor H. Bouganim
WCL, American University
Computer programs “as such” are not patentable.
The requirement of “technical effect.”
Systems in which one of the components is software are patentable.
Systems and processes are patentable. Software “as such” may be patentable.
Old law: mathematical algorithms are not patentable.
New law: software, including algorithms, are patentable.
Thousands of software patents are currently registered. Some of them are controversial. [http://www.bustpatents.com]Software Patents
35 U.S.C. Sec. 101
“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
A patent issues only if the invention achieves a tangible, practical result.
E.g., a hypothetical attempt by Einstein to patent the formula E=mc2 -- not patentable.
advances in the social sciences
advances in business management
articulation of a scientific principlePatenting “Abstract Ideas”
US Patent 4,405,829 by Rivest, Shamir & Adleman (MIT). Issued: September 20, 1983. RSA Inc.
The primary issue for software patents under section 112 has been whether a patent applicant must deposit source code to meet the disclosure requirement.
PTO Guidelines provide means of disclosure regarding software patents.Disclosure of Software Inventions
Compton’s new media
Methods of doing business on the internet
Amazon’s 1-click ordering system
Amazon’s affiliate program systemInternet Patents
35 U.S.C. Sec. 103 (a)
“A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains…”
(1) The scope and content of the prior art
(2) The differences between the claimed invention and the prior art
(3) The level of ordinary skill in the art
(4) Secondary considerations
identify all the genes (about 30,000) in human DNA
determine the sequences of the 3 billion chemical base pairs in human DNA
store information in databases
develop tools for data analysis
transfer related technologies to the private sector
address ethical, legal, and social issuesThe Human Genome Project
The patentability of DNA molecules in
forms that involve human intervention
and that serve a function appears to be