Discuss critically the current international legal position on the patentability of software and business method inventions
Summary :
Table of Contents
- Introduction.
- The inherent problem of software patentability.
- Existing law.
- European directive.
- Latest developments.
- The contribution approach.
- The technical effect approach.
- The 'any hardware' approach.
- Conclusion.
Abstract
The question of available protection for new products which are software is a complex issue. Under UK law, the Copyright Design and Patents Act 1988 ("the Act"), software is protected by the law of copyright. Although this is a powerful form of protection against an authorised copying of code, it may not be adequate to protect novel underlying ideas behind the software. For example, although copyright prevents competitors from taking the whole or a substantial part of the software code, it does not prevent a competitor from mimicking the novel concept behind the software system and taking these concepts to develop its own software .
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