Patenting of software
Concearning the regulation of software patenting, an extensive jurisdiction has been developed which originates in an exclusion of patenting software as itself. If technical innovations include software or if software is developed for a technical problem a patent may be sought, provided that the usual requirements for patentability are met.
The understanding of which part of a software implemented invention is to be regarded as technical, has changed rapidly in the last years. Todays measure is, that a realistic chance for a patent on a software exists, when a link between the software and the hardware is indispensable. While in the 80s it was still discussed if the controlling of an anti-blocker-stystem was of technical nature, nowadys it is clear that the field of technical science extends far into software development. Software implemented inventions are, for many years now, one of karo IP focusses. During the process of submitting the patent application, our patent attorneys support the clients to identify any technical potential usage of software implemented ideas and inventions.
alternative forms of protection for IT inventions
If it becomes clear, that an invention is not patentable, karo IP will nevertheless seek to find a promising strategie for your invention by using other protection instruments. Copyright is for example an important and effective starting point for this undertaking. Furthermore, there is often a competition law that can protect an invention from being copied. Apart from that, industrial property rights offer different possibilities of protection which can be cast upon software implemented inventions which lack technical nature. Design - and trademark protection count as effective protection on surface design.
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