scholarly journals Intangible machines: Patent protection for software in the United States

2018 ◽  
Vol 57 (1) ◽  
pp. 18-37
Author(s):  
Brad Sherman
Keyword(s):  
Information Technology ◽  
Subject Matter ◽  
Patent Protection ◽  
The United States ◽  
Patent Law ◽  
Clear Understanding ◽  
Information Technology Industry ◽  
Technology Industry ◽  
The Subject ◽  
The Law

Intellectual property law has been interacting with software for over sixty years. Despite this, the law in this area remains confused and uncertain: this is particularly evident in patent law. Focusing on U.S. patent law from the 1960s through to the mid-1970s, this article argues that a key reason for this confusion relates to the particular way that the subject matter was construed. While the early discussions about subject matter eligibility were framed in terms of the question “is software patentable?”, what was really at stake in these debates was the preliminary ontological question: what is software? Building on work that highlights the competing ways that software was construed by different parts of the information technology industry at the time, the article looks at the particular way that the law responded to these competing interpretations and how in so doing it laid the foundation for the confusion that characterizes the area. When engaging with new types of subject matter, patent law has consistently relied on the relevant techno-scientific communities not only to provide the law with a relatively clear understanding of the nature of the subject matter being considered; they have also provided the means to allow the law to describe, demarcate, and identify that new subject matter. The inherently divided nature of the nascent information technology industry meant that this was not possible. As a result, the law was forced to develop its own way of dealing with the would-be subject matter.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

Application of competition law and the law relating to unfair competition

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Competitive Advantage ◽  
Subject Matter ◽  
Patent Protection ◽  
Competition Law ◽  
General Rule ◽  
Unfair Competition ◽  
Dominant Position ◽  
The Subject ◽  
The Law ◽  
A Company

The acquisition of an EPUE may be impermissible under competition law only in special exceptional cases. This conceivably might hold true where a recognizable strategy of obstruction (Art 102 TFEU) is pursued by a company holding a dominant position with the aim of walling in competitors, without such patent proprietor having any intention of using the subject matter of patent protection himself. Also conceivably falling under the heading of inadmissible obstruction is the acquisition of a large number of patents by which the acquiring entity pursues the aim not of exploiting them but instead of using such acquisition to its own competitive advantage. The acquisition of such IP rights used merely for blockading purposes may qualify as part of the aforementioned strategy of obstruction and as such violate Art 102 TFEU. This may make it impermissible to invoke the patent: the competitor affected can raise the objection of abuse of a dominant position, which the UPC is in the position to consider (Art 32(1)(a) UPCA). As a general rule, such violation does not give rise to an obligation of cancellation because, if held by others actually using it themselves, it may turn out that the patent is no longer ‘flawed’.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

Patents and Diagnostic Methods in the U.S.: The Subject Matter Eligibility Trap

2019 ◽  
Vol 25 (1) ◽  
Author(s):  
Javier Saladich Nebot
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
Case Law ◽  
The United States ◽  
Diagnostic Methods ◽  
General Application ◽  
Health Technologies ◽  
Potential Benefits ◽  
The Subject ◽  
Social Importance

Diagnostic methods have been gaining medical recognition and social importance as innovations that can be useful to provide individuals with a diagnosis, prognosis or prediction with regard to a condition that they currently have or that they are in risk of developing. Despite the great amount of resources deployed to produce these health technologies and their potential benefits for healthcare systems and patients or prospective patients alike, their exclusive protection in the United States has faced resistance from patent examiners and courts on the basis that diagnostics constitute a dubious innovation. Inconsistent arguments used for the refusal of patent protection have led to a labyrinth where innovators in the diagnostics sector cannot reasonably expect their application or their protection after the patent is in place to stand.  This paper aims to convey the doctrine of subject matter eligibility as applied to diagnostic methods and the relevant guidelines and case law. In doing so, it aims to depict the pitfalls resulting from the general application of a non-patentability rule to diagnostics, and to suggest opportunities still available for innovators to overcome uncertainty by filing compliant applications while maximizing the likeliness of enjoying protection once the patent is awarded.

scholarly journals INFORMATION TECHNOLOGY-BASED LEARNING (Media Development Applications Quizlet on students in MI DDI Seppange Bone)

2019 ◽  
Vol 4 (1) ◽  
pp. 37
Author(s):  
Wardana, Zakiah
Keyword(s):  
Information Technology ◽  
Subject Matter ◽  
Design Research ◽  
Control Group ◽  
Control Group Design ◽  
Post Test ◽  
Quasi Experimental ◽  
The Subject ◽  
Media Learning ◽  
Development Applications

pplication quizlet is one of media-based learning android application that can be used to a limited extent to the students, that is, their use by teachers who provided the material is in the form of questions relating to the learning and grating exam questions that will be dihadapai by the students of classes VI MI DDI Seppange Bone. Granting of quizlet is done gradually so that absorption to the students can be more rapid and structured. Use of the media learning is very beneficial to students because it can be developed by entering (input) the subject matter in the form of questions that melingupi an important part of the sub a lesson. Quizlet apps is also a means of contracting the message and information learned. As well as the power tTarik learning using information technology is well designed to help learners in the digest and understand the subject matter. On dasarya this research uses Quasi Experimental Research method, by using the subject of research in the form of a group (class). Class VI MI DDI Seppange taken as the population because, this class was considered qualified and already have knowledge about android-based learning, this can be seen from the quizlet diajuan at the time of pre-test. Variables that are revealed in this research is a study of the response against the application of learning to the students ' quizlet klas VI students taught using quizlet and response application of their learning. Next design research is applied in this study isThe pre-test – post-test control group design.

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