Software patents: 'the state of the union'

摘要

Patent Office's generally take the view that patents should be granted only for inventions that are tangible, either in their physical implementation, or in the effect they have on an end article. Abstract concepts, algorithms, rules for playing games or doing business, and more controversially, software, are in many jurisdictions specifically excluded from patentability. However, each jurisdiction has its own way of implementing the exceptions to patentability and it becomes very important to consider the various requirements of target patent offices at the time of drafting an application.rnAs we have shown above, inclusion of hardware in the claims of a patent application is not a panacea for overcoming excluded-subject matter objections, but is something of a tried-and-tested remedy in several jurisdictions. Where hardware is not sufficient to assist with excluded subject-matter objections, the applicant will need to consider what the purpose of the invention is, and whether that purpose concerns rnan improvement in the way the hardware itself (such as a computer) operates.rnEarly action can greatly improve the chances of obtaining a granted patent as well as saving substantially on costs along the way, and in all cases, applicants should seek advice from their patent attorneys as early as possible.