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The European Patent Convention does not mention method patents (called process patents) so prominently, and the same applies to the TRIPS Agreement. The prime characteristic of process patents in these treaties is that "the protection conferred by the patent shall extend to the products directly obtained by such process". [8] Art. 28(1)(b ...
The study was in part based on a survey of 20,000 patent owners who applied for EPO patents between 1993 and 1997. The survey was performed in 2003. 9000 patent owners responded. The patent owners were asked how much effort was required to produce their inventions and how much monetary value their patents had been worth.
The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. [71] The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves.
T 258/03 (Hitachi/Auction Method) further developed this test for patentable subject-matter. Under this test, a patent application or patent which does not provide a technical solution to a technical problem would be refused (under Article 97(1) EPC) or revoked (under Article 102(1) EPC) as lacking inventive step.
Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), was a 2014 United States Supreme Court [1] decision about patent eligibility of business method patents. [2] The issue in the case was whether certain patent claims for a computer-implemented, electronic escrow service covered abstract ideas, which would make the claims ineligible for patent protection.
Valuation of patent rights is one of the main activities related to intellectual property management within an organization or company. Indeed, knowing the economic value and importance of the intellectual property rights assists in the strategic decisions to be taken on the company's assets, but also facilitates the commercialization and transactions concerning intellectual property rights.
On review in 2014 the Supreme Court reduced the patent-eligibility of software patents or patents on software for business methods, excluding abstract ideas from the list of eligible subject matters. After much confusion within the patent examiners and patent practitioners, the USPTO prepared a list of examples of software patent claims that ...
The patent laws usually require that, for an invention to be patentable, it must be: Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection (also called "statutory patentable subject-matter") Novel (i.e. at least some aspect of it must be new)
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