15. Software patents

Information Technology Law ◽

10.1093/he/9780198830559.003.0015 ◽

2020 ◽

pp. 246-270

Author(s):

Ian J. Lloyd

Keyword(s):

Mobile Phones ◽

Patent System ◽

European Patent ◽

Global Industry ◽

European Patent Convention ◽

Technical Effect ◽

Standard Essential Patents ◽

Key Sectors ◽

Network Technologies ◽

Complex Manner

This chapter focuses upon the somewhat complex manner in which the patent system has operated in respect of so-called software-related inventions. For a variety of reasons, the United Kingdom’s Patents Act and the European Patent Convention both exclude programs for computers from eligibility for protection. The prohibition extends only to protection for the program “as such” and as interpreted by the patent and judicial authorities applications for inventions that produce a technical effect are considered acceptable even where these are based on programs. This chapter will consider how this situation has arisen and will consider the application of software related patents in key sectors such as that of mobile phones in which products and network technologies make very extensive use of patented technologies. The concept of standard essential patents has attained considerable prominence and requires the owner of such a patent to make its use available to others upon fair and reasonable licence terms. As well as possessing a degree of ambiguity as to what terms might be fair and reasonable, the situation is highlighting the problems of trying to apply national patents in the context of a global industry.

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15. Patents

10.1093/he/9780198787556.003.0015 ◽

2017 ◽

Author(s):

Ian J. Lloyd

Keyword(s):

Mobile Phone ◽

Patent System ◽

European Patent ◽

European Patent Convention ◽

Software Patent ◽

Patent Wars ◽

Complex Manner

This chapter focuses upon the somewhat complex manner in which the patent system has operated in respect of so-called software-related inventions. Topics discussed include the Patents Act 1977 and the European Patent Convention; the development of software patent jurisprudence; and the mobile phone patent wars.

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4. Introduction to European Patent Law

European Intellectual Property Law ◽

10.1093/he/9780198831280.003.0004 ◽

2019 ◽

pp. 99-119

Author(s):

Justine Pila ◽

Paul L.C. Torremans

Keyword(s):

Patent Protection ◽

Patent Law ◽

Patent System ◽

European Patent ◽

European Law ◽

European Patent Convention ◽

Unified Patent Court ◽

Unitary Patent

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.

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14. Key elements of the patent system

10.1093/he/9780198787556.003.0014 ◽

2017 ◽

Author(s):

Ian J. Lloyd

Keyword(s):

Industrial Application ◽

Patent Protection ◽

Patent System ◽

European Patent ◽

European Patent Convention ◽

General Terms ◽

System P ◽

International Patent ◽

Protection Systems ◽

Unitary Patent

This chapter considers in general terms the nature and manner of operation of the patent system. Topics discussed include international patent protection systems (Patent Co-operation Treaty, European Patent Convention, the unitary patent, and intellectual property in the GATS and WTO); requirements for patentability (novelty, inventive step, capacity for industrial application); matters excluded from patent protection; patenting software; and the process of obtaining and enforcing a patent.

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