2010 (English)In: Information & communication technology : legal issues / [ed] Peter Wahlgren, Jure, 2010, 1, 362-396 p.Chapter in book (Refereed)
The purpose of this chapter is to give an overview of the main issues in regard to software patenting in the 21st century. The focus is on the question of patentability of software, since this is the area which has caused the most problems for patent offices and courts. The main systems of concern are the European and U.S. patent systems. The chapter begins with a presentation of the concept of software in section 2, followed by section 3 with a presentation of IP and patents and the international legal context as well as the European and U.S. patent systems. In section 4 the debate regarding the patent system as a proper protection system for software is discussed. Section 5 outlines the international patent rules pertaining to software which are contained in the TRIPS agreement. Section 6 concentrates on the European approach to software and business methods’ patentability, while Section 7 explores the corresponding U.S. approach. Finally there are some brief final words in Section 8.
Place, publisher, year, edition, pages
Jure, 2010, 1. 362-396 p.
, Scandinavian Studies in Law, ISSN 0085-5944 ; 56
ICT, patent, software, computer program, business methods, United States, Europe, technical character
IdentifiersURN: urn:nbn:se:liu:diva-122962ISBN: 978-91-8514-270-5OAI: oai:DiVA.org:liu-122962DiVA: diva2:875232